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Home My WebLink About2014-518-E Visitors Bureau - Tandus Centiva US LLC to remove stained carpets in Suites 102 & 103 $11,000 DocuSign Envelope ID: BD2280F8-F51A-494F-9744-35FEOIAD203D DocuSign Envelope ID:B021 FC96-AO16-4AOD-97133-B6ECA91306EE8 [Departmental Use Only] TITLE Tandus,carpet install FY 2014/2015 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 16th day of September, 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 Tandus Centiva US LLC(the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terins 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: furniture moving, carpet removal, floor preparation, new carpet and LVT installation as per project proposal CTRL#SRS 1974 attached. The term of this agreement rendered shall be from September 16th, 2014 to completion of job. 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. Pa.rent: 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 Eleven Thousand dollars,($11,000). 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 contractor 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. 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 Revised 7/14 1 DocuSign Envelope ID: BD2280F8-F51A-494F-9744-35FE01AD203D DocuSign Envelope ID:B021FC96-A016-4AOD-97B3-B6ECA9B06EE8 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://oran eg countync.gov/purchasing/contracts.ast)). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of Certificate of Liability (if no additional insurance required mark NIA 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. Indemnity: 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 and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I IA and Article 40 of North Carolina General Statute Chapter 66. 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. Governing 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. 10. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding tinder 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 7/14 2 DocuSign Envelope ID: BD2280F8-F51A-494F-9744-35FE01AD203D DocuSign Envelope ID:B021FC96-A016-4AOD-97B3-66ECA9B06EE8 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. RA � �' PROVIDER by: jbin In tt RM!Att,V'S(" F�..Sll..d bt,wy ;F, B3' ossso�ss� � By' County Manager 200 S. Cameron St. Tandus Centiva US LLC P.O.Box 8181 1735 Cleveland Hwy Hillsborough,NC 27278 Dalton GA 30721 Revised 7/14 3 DocuSign Envelope ID: BD2280F8-F51A-494F-9744-35FEOIAD203D Tandus I Centiva PROJECT PROPOSAL August 20,2014 Tina Fuller Chapel Hill/Orange County Visitors Bureau CTRL#SRS1974 501 W Franklin Street Chapel Hill NC 27516 RE:Flooring Proposal for: SRS1974 Orange County,Visitors Center Dear Ms.Fuller: Tandus US,LLC is pleased to provide the following quotation for the above referenced facility. Pricing is based on our Public Agency Contract#10549,which is based on our GSA contract#GS-27F-0032P. Contract effective 8/4/04-8/3/14. SCOPE OF WORK: S, tple Color Name Color# Ouan ti UoM Unit Price Line Total SIN 31-601 Recycled Content(Modular Tile,Broadloom,Powerbond VCTT) All Star 6'Powerbond RS(MR) Skyscrapper 17301 166 sly @ $ 16.19 $ 2,687.54 Abrasive Action 6'Powerbond Dry(M) Winter Gray 19103 10 s/y @ $ 28.66 $ 286.60 STANDARD COST AREA LABOR s/y @ SIN 31-604 Ancillary Supplies and Services(Installation and Sundries) Carpet Install-6'Roll Goods 167 s/y @ $ 5.71 $ 953.57 Resilient Base Install 480 Uft @ $ 0.54 $ 259.20 C-TR Adhesive-4-gal pail Each 1 ea @ $ 63.90 $ 63.90 C-56 Primer 4-gal pails Each 2 ea @ $ 86.63 $ 173.26 Seam Cleaner#77-1 Quart-Each 1 ea @ $ 11.05 $ 1.1.05 Seam Weld#54-1 Quart -Each 1 ea @ $ 11.29 $ 11.29 OPEN MARKET Applicator Bottles(No Charge) 2 ea @ Carpet Removal 167 ea @ $ 2.10 $ 350.70 Carpet Disposal 167 ea @ $ 1.31 $ 218.77 Floor Prep-Standard 167 ea @ $ 2.63 $ 439.21 Fum.Moving:Rem.&Reset Fum.w/High Concentration of files or desks(not incl.sensitive equipment PC's,printers,mainframes nor Modular Disassembly). 167 ea @ $ 12.32 $ 2,057.44 Furnish Resilient Base(include description--vinyl or rubber,size,color) 480 ca @ $ 1.01 $ 484.80 Install LVT 360 s/ft @ $ 2.64 $ 950.40 Transitions Furnish and Install 72 Ift @ $ 1.12 $ 80.64 Venue Stone 12"x 24"plank Quarry(QU)Square Edge Cristallo 7235 360 s/ft @ $ 3.62 $ 1,303.20 CENTI 6000 SP(4 gallon 500 sf spread rat) 1 ea @ $ 83.34 $ 83.34 Sample Maintenance Kit(no charge) 1 s/ft @ Subtotal $ 10,414.91 Estimated Sales Tax $ 242.52 TOTAL $ 10,657.43 NOTES: 1. Field Measure and Quantities provided by: Storr Office 2. Manufacturing overage of 5%is included in carpet quantity and will bill only at the amount shipped. 3. Standard running line products require a 65 square yard minimum purchase,except Express and Priority Express colors which require a 25 square yard minimum purchase,and except the style Plexus Colour which requires a 5 square yard minimum purchase. 4. Please include product style,color,and backing on purchase order. EXCLUSIONS(unless specifically included in the above scope of work): Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Comers Trip Charges Removal&Disposal TANDUS FLOORING US,LLC. 1735 CLEVELAND HWY DALTON,GA 30721 (P)800.241.4902 Page 1 of 2 (F)706.259.2638 DocuSign Envelope ID: BD2280F8-F51A-494F-9744-35FEOIAD203D Tandus ( Centiva A T,,*,Ii Como., Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval) * All Materials and Labor-Net 30 Days After Each Invoice(Material bills as shipped,labor bills at completion or as phased). 1.Change Orders:Any work not included in the above scope of work will require a signed change order before work can be performed. 2.Term of Quote:Prices given are firm for sixty days from proposal date. 3.Lead Times:Please note that we are a made to order mill and we cannot begin production of any order until we have a signed purchase order,or a fully executed contract in house. Note that normal lead times are as follows: • Fast Track Carpets,two weeks plus shipping; • Running Line Carpets,six weeks plus shipping; • Custom Carpets,eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4.Floor Preparation:Additional floor preparation may be required as a result of an unforeseen condition of the floor.Costs associated with this floor preparation will be negotiated on a job-to job basis.Our product performs properly when installed on floors that are free of dirt,oil,paint and excessive moisture. Floors that have moisture readings greater than 3.0 lbs.per 1,000 feet in 24 hours will not meet specification and wilt require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5.Asbestos Abatement:This quote DOES NOT include asbestos abatement.Neither we nor our installers are responsible for the handling,removal or abatement of asbestos contained floor material or adhesive.Further,our policy is to request an Asbestos Hazard Emergency Response Act(AHERA)report prior to proceeding with any floor material or floor adhesive removal.We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote.Please contact our Technical Services Department at 800.248.2878 ext.2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order,or fully-executed contract via fax to 706.259.2638.Please address it to my attention.Should you have any questions,please call me at 800.248.2878. Thank you for choosing us. We look forward to working with you on this project. Sincerely, Tandus Centiva US LLC TOkil Regional Account Coordinator Source One CC: Jennie Griggs Lisa Ellis Bill Almeida TANDUS FLOORING US,LLC. 1735 CLEVELAND HWY DALTON,GA 30721 (P)800.241.4902 Page 2 of 2 (F)706.259.2638 DocuSign Envelope ID: BD2280F8-F51A-494F-9744-35FEOIAD203D A DAITE CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 09/30/0 4' 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.Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Willis of Pennsylvania, Inc. PHONE FAX c/o 26 Century Blvd. • 877-945-7378 888-467-2378 P. O. Box 305191 E-MAIL certificates @willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGOOVERAGE NAIC# INSURERA: XL Insurance America, Inc. 24554-003 INSURED Tandus Centiva US LLC INSURER B:Travelers Property Casualty Company of Am 25674-008 311 Smith Industrial Boulevard INSURERC:Travelers Indemnity Company 25658-001 Dalton, GA 30722-1447 INSURERD:The Charter Oak Fire Insurance Company 25615-001 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:22195728 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 DD' SUB POLICYNUMBER POLICY EFF POLICYEXP LIMITS LTR A GENERAL LIABILITY Y US00010327LI14A 5/1/2014 5/1/2015 EACH OCCURRENCE$ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESOEaoccurence $ 100,000 CLAIMS-MADEFx-]OCCUR MED EXP(Anyone person) $ 10,000 PERSONAL&ADV INJURY $ 11000,000 GENERALAGGREGATE $ 2,000,000 GEMLAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY PRO- LOC $ B AUTOMOBILE LIABILITY TJCAP823K312A14 9/28/2014 9/28/2015 COMBINED SINGLE LIMIT 2,000,000 (Ea accident) $ Ix ANYAUTO BODILYINJURY(Perperson) $ ALLOWNED SCHEDULED BODILYINJURY(Peraccident) $ AUTOS AUTOS HIREDAUTOS HxComv NON-OWNED PROPERTY DAMAGE AUTOS (Peraccident) $ $1,000 $1,000 Coll Ded Ded $ A X UMBRELLA LIAB X OCCUR US0001061SLI14A 5/1/2014 5/1/2015 EACH OCCURRENCE $ 1,000,000 EXCESS LIAB I CLAIMS-MADE AGGREGATE $ 11000,000 DED I X RETENTION$ 10,000 $ C WORKERS COMPENSATION AOS TC2HUB823K310614 9/28/2014 9/28/2015 X TWCSTAT - 0" AND EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE� NIA ** TROUB823K311814 9/28/2014 9/28/2015 E.L.EACH ACCIDENT $ 11000,000 OFFICER/MEMBEREXCLUDEDI E.L.DISEASE-EA EMPLOYEE $ 1,000,000 f(Mandatory in NH)yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach Acord 101,Additional Remarks Schedule,if more space is required) WC Policies: AOS-covers all other states. **-covers AZ, MA, OR, WI only. Project Name and/or Description: SRS1974 Orange County, Visitors Center Orange County is included as Additional Insured on the General Liability policy, as respects to the liability arising out of ongoing and completed operations performed on the project specified in the construction contract for the period of time required within the contract. CERTIFICATE HOLDER CANCELLATION 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 AUTHORIZED REPRESENTATIVE 200 S. Cameron Street P.O. Box 8 Hillsborough, NC 27278 Coll:4527184 Tpl:1861785 Cert:22195728 1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD