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HomeMy WebLinkAbout2014-214 AMS - Tile Restoration for floor care maintenance at various County buildings $10,240 a014- [Departmental Use Only] TITLE Tile Restoration FY 2014 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 1 st day of May, 2014, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Tile Restoration Inc. (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Tile Restoration: GroutGLAZE Process includes: Removal of Contamination from tile and grout surface; Prep to grut lines for restoration; Application of Non Porous Grout Resin Color TBD on restroom floors at Gateway Center - 228 S. Churton Street, Hillsborough, NC and West Campus Library- 137 W. Margaret Lane,Hillsboroug,NC. The term of this agreement rendered shall be from May 12, 2014 to June 30,2014. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Ten Thousand Two Hundred and Forty Dollars, ($10,240). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers'compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised 9/13 1 4. Insurance: Provider 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://orangecouMnc.gov/Durchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 5. Indemni : The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. 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 in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Priori : In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governin Law-aw_Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County, North Carolina. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all anti-discrimination laws. Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 109 Non Appropriation: Provider acknowledges that County 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 County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANG T PROVIDER By: By: ✓ ounty Manager Title: `mss 200 S. Cameron St. Tile Restoration Inc. P.O. Box 8181 119 East Main Street Hillsborough,NC 27278 Hookerton,NC 28538 Th' instrument has been approved as to technical content.25- C�/4.___ Jef rey hompson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. okl-t_� 'A Ali,,_ Office of the Chief Financial Officer This instrument has been ap ed as to form and legal sufficiency. J/ i Office of the unty orney Revised 9/13 3 P.O. REQUISITION REQUEST FORM DATE: 04/2 1 Contract Services REQUESTED BY: Frederick Brooks VENDOR NUMBER: 61702 VENDOR NAME: Tile Restoration Inc. WORK ORDER INFORMATION BLDG LOCATION 131 West Margaret DEPARTMENT Asset Management Services TYPE OF WORK Services/Tile Restoration DESCRIPTION ACCOUNT# QUANTITY $/UNIT $TOTAL Gateway Center 10240520-630000 $3,800.00 West Campus Library 10240520-630000 $6,440.00 $TOTAL $10,240.00 NOTES: TR12013+14.xIs Ghrr��� idd It- T 1 A ♦ Your Fioorin G E NM solution Resource Oil A04 119 East Main Street Hookerton, NC 28538 Phone: 252-747-5411 Fax: 252-747-8931 Freddy Brooks Phone: 919-245-2631 Date: 2/18/2014 Orange County Public Works Fax: 919-644-3043 Rep.: Brad Albritton 600 Highway 86 North Email: (brooks @orangecountync.gov Cell : 252-916-2045 Hillsborough, NC 27278 Process Description of Area-Gateway Center Clean Rice TOTAL PRICE 1 SaniGLAZE GroutGLAZE 2nd Floor Men's and Women's Restrooms $825.00 $1,900.0 1 SaniGLAZE GroutGLAZE 3rd Floor Men's and Women's Restrooms $825.00 $1,900.0 GroutGLAZE Process Includes: Removal of Contamination from tile and grout surface Prep to grout lines for restoration Application of Non Porous Grout Resin Color TED A Fee of 2.5%will be added for all Credit Card Transactions Terms:Net 20 Days TOTAL $3,800.00 Please Remit All Contracts,PO's and Payments To: 119 East Main St PO Box 160 Hoolerton NC 28538 Estimated EverGLAZE Extended Protecticn Program Cost if proscribed maintenance procedures are followed $950.00 Proposal Valid for 30 Days Delivery to Job,Sales Tax and Installation are included. All services guaranteed as specified. All work to be complete in a workmanlike manner according to standard practices. Any alteration or deviation from this proposal involving extra costs will be executed only upon written orders,and will become an extra charge over and above the proposal. All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Evidence of Insurance will be provided upon request.Any special requirements or endorsements may incur additional charges. We do not waive any rights of subrogation against contractor or owner for any loss covered by insurance of any type. SaniGLAZE Restoration Service is warranted against material defects and workmanship and extends indefinitely as long as the EverGLAZE Program as prescribed is incorporated in the ongoing maintenance.Glazing Compound colors on color chart represent actual Glazing Compound material.Once applied,colors may vary depending on original grout color,porosity and other factors."Tile Restoration will take all precaution to protect adjoining flooring,walls,materials etcetera from exposure to water and/or chemicals.Any damage that may occur from contact from water and/or chemical is not the responsibility of Tile Restoration Inc and its staff. Any changes or additional work required or requested by the owner,will be done at an additional charge and must be written. I hereby give Tile Restoration Inc authorization to do the work specified and payment will be made as outlined above. w(- u+e� VT Rilum tGUZ ■ Your F m lowing 5olution Resource 119 East Main Street Hookerton, NC 28538 Phone: 252-747-5411 Fax: 252-747-8931 Freddy Brooks Phone: 919-245-2631 Date: 2/18/2014 Orange County Public Works Fax: 919-644-3043 Rep.: Brad Albritton 600 Highway 86 North Email: fbrooks @orangecountync.gov Cell : 252-916-2045 Hillsborough, NC 27278 Process Description of Area-West Campus Ubrary Clean Price TOTAL PRICE 1 SaniGLAZE GroutGLAZE 1st Floor Men's and Women's Restroom $1,155.00 $2,495.00 1 SaniGLAZE GroutGLAZE 1 st Floor Unisex Restroom $180.00 $500.00 1 SaniGLAZE GroutGLAZE 1 st Floor Unisex Restroom $180.00 $5001)0 1 SaniGLAZE GroutGLAZE 2nd Floor Men's and Women's Restroom $1,155.00 $2,4951)0 1 SaniGLAZE GroutGLAZE 2nd Floor Unisex Restroom $130.00 $450A0 GroutGLAZE Process Includes: Removal of Contamination from tile and grout surface Prep to grout lines for restoration Application of Non Porous Grout Resin Color TBD A Fee of 2.5%will be added for all Credit Cana Transactions Terms:Net 20 Days TOTAL $6,440.00 Please Remit All Contracts,PO's and Payments To: 119 East Main St PO Box 160 Hookerton NC 28538 Estimated EvefGLAZE ExtendedProtection Program Cost if proscribed maintenance procedures are followd $1,610.00 Proposal Valid for 30 Days Delivery to Job,Sales Tax and Installation are included. All services guaranteed as specified. All work to be complete in a workmanlike manner according to standard practices. Any alteration or deviation from this proposal involving extra costs will be executed only upon written orders,and will become an extra charge over and above the proposal. All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Evidence of Insurance will be provided upon request.Any special requirements or endorsements may incur additional charges. We do not waive any rights of subrogation against contractor or owner for any loss covered by insurance of any type. SaniGLAZE Restoration Service is warranted against material defects and workmanship and extends indefinitely as long as the EverGLAZE Program as prescribed is incorporated in the ongoing maintenance.Glazing Compound colors on color chart represent actual Glazing Compound material.Once applied,colors may vary depending on original grout color,porosity and other factors."Tile Restoration will take all precaution to protect adjoining flooring,walls,materials etcetera from exposure to water and/or chemicals.Any damage that may occur from contact from water and/or chemical is not the responsibility of Tile Restoration Inc and its staff. Any changes or additional work required or requested by the owner,will be done at an additional charge and must be written. I hereby give Tile Restoration Inc authorization to do the work specified and payment will be made as outlined above. / ® DATE(MM/DD/YYYY) ,aco 1 CERTIFICATE OF LIABILITY INSURANCE 12/12/2013 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 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). CONTACT PRODUCER Beverly ike AAI NAME: Y � Jake A Parrott Insurance Agency Inc PHONE (252)523-1041 aC No:(252)523-0145 2508 N HERRITAGE STREET E-MAI ADL DRESS:bpike @parrottins.com PO BOX 3547 - INSURERS AFFORDING COVERAGE NAIC# KINSTON NC 28502 INSURERA bMIN STREET AMERICA ASSURANCE 29939 INSURED INSURERB:NGM INSURANCE COMPANY 14788 TILE RESTORATION INC INSURERC: C/O ALBRITTON CO INSURER D: PO BOX 160 INSURER E: HOOKERTON NC 28538-0160 INSURER F: COVERAGES CERTIFICATE NUMBER-CL1311506507 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 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. INSR TYPE OF INSURANCE A SUBR POLICY EFF POLICY EXP LIMITS LTR R WV J POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500 000 X COMMERCIAL GENERAL LIABILITY PREMISE Ea occurrence $ r A CLAIMS-MADE Fx_1 OCCUR MPK8262X 1/7/2013 11/7/2014 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY EOMaBBIINdEDtSINGLE LIMIT 11000,000 B X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED B2K8262X 1/7/2013 11/7/2014 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident Medical payments $ 2,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS LIAB HCLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ UK8262X 1/7/2013 11/7/2014 $ B WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1 000 000 OFFICER/MEMBER EXCLUDED? CK8262X 11/4/2013 1/4/2014 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Certificate holder is an additional insured under form #BPM3105 (ATTACHED) . Coverage for the additional insured will be primary/non-contributory if required in the written contract or agreement between the parties. Insurer waives the `Transfer of Rights of Recovery Against Others to Us' clause if required in the written contract between the parties PER FORM BP 0497 (ATTACHED) . The endorsement s amending the business owners liability coverage form includes several additional insureds automatically. The endorsement states that additional insured status is only provided if there is a written contract or agreement between the parties requiring such status. AUTO: Insurer agrees to waive the `Transfer of CERTIFICATE HOLDER CANCELLATION fbrooks@orangecountync.gov 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 PUBLIC WORKS ATTN: FREDDY BROOKS PO BOX 8181 AUTHORIZED REPRESENTATIVE 600 HIGHWAY 86 NORTH HILLSBOROUGH, NC 27278 I B Pike, AAI/SEVERE ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. 44` INS025 igmnnsi rn Th.Af't-%P l Hama anA I—arc rcnie4ororl m—ke of Annizi1 ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Wholesale Vendors AIWHL ctible Type Premium Limit 1 Limit 2 Limit 3 Deductible Amount Dedu $3.00 Ref# Description Coverage Code Form No. Edition Date AIICO AIICO Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $67.00 Ref# Description CCode Form No. Edition Date Individual Risk Mod Prem Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description [Coverage Code Form No. Edition Date Uninsured motorist combined single limit UMCSL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 0 Ref# Description Coverage Code Form No. Edition Date Hired Car Liability HIRLI Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $36.00 Ref# Description Coverage Code Form No. Edition Date ELITE ENDST ELITE Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $188.00 Ref# Description Coverage Code Form No. Edition Date Products/Completed Ops Aggregate PRDCO Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 2,000,000 Ref# Description Coverage Code Form No. Edition Date Adjst.to reconcile-exp mod. premium AREM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 1,000,000 $94.00 Ref# Description Coverage Code Form No. Edition Date Adjst.to reconcile-exp mod. premium AREM Limit 1 Limit,2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 1,000,000 $125.00 Ref# Description [!tg e Code Form No. Edition Date Expense constant CNT Lim it 1 Limit 2 Limit.3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 1,000,000 $250.00 i Ref# Description Coverage Code Form No. Edition Date Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium I [OFADTLCV Copyright 2001,AMS Services,Inc. I COMMENTS/REMARKS Rights of Recovery Against Others to Us' clause. PER FORM 64-8722. EXCLUDED OFFICERS IN W/C COVERAGE: DAVID ALBRITTON, CHARLES ALBRITTON III t C i I I i OFREMARK COPYRIGHT 2000, AMS SERVICES INC. j i I