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HomeMy WebLinkAbout2016-226-E AMS - FloorChem, Inc. for flooring upgrades at WHSC Bldg. B DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B [Departmental Use Only] TITLE WHSC Flooring Upgrades FY 2016 NORTH CAROLINA SERVICES AGREEMENT UNDER$90,000.00 NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter "Agreement"), made and entered into this 21st day of April, 2016, ("Effective Date") by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and FloorChem, Inc, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): apply top/seal coat of epoxy resin for a slip resistant finish at 300 W Tryon Street, Whitted Human Services Center Building B, Health Clinic as detailed in provided proposal dated March 29, 2016. ii) By executing this Agreement, the 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. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance Revised 1/16 1 DocuSign Envelope ID:A61 DD856-8C24-421313-131324-E011 DBDAAA9B with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional quality, accuracy and timely completion and/or submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns 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. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, 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 Provider. v) Provider agrees that Provider, its employees, agents and its subcontractors, if any, shall be required to comply with all federal, state and local antidiscrimination laws, regulations and policies that relate to the performance of Provider's services under this Agreement. vi) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider 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. vii) In determining the basic services to be provided, should any documents be referenced in this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of any proposal. 3. Basic Services a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): single solid broadcast 1/16" floor approximately 60 mils thick dry, remove existing VCT from floors, prep floor space, and apply top/seal coat of epoxy resin for a slip resistant finish at 300 W Tryon Street, Whitted Human Services Center, Building B, Health Clinic, approximately 5,058 sq feet of floor space. 4. Duration of Services Revised 1/16 2 DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B a. Term. The term of this Agreement shall be from April 21, 2016 to July 31, 2016. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be (to be determined). 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services under this Agreement. The maximum amount payable for Basic Services shall not exceed twenty nine thousand eighty six dollars Dollars ($29,086). Payment for Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. 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. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Freddy Brooks) 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. 7. Insurance a. General Requirements. 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 County's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange Revised 1/16 3 DocuSign Envelope ID:A61 DD856-8C24-421313-131324-E011 DBDAAA9B 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 County'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 County's Risk Manager. 8. Indemnity a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days' prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. Revised 1/16 4 DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County's convenience and without penalty to County upon three (3) days' notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. c. Compliance with Laws. 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. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Parry, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider's performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project Revised 1/16 5 DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. 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. It is expressly agreed that County 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 County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County's legal authority. i. Signatures. 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. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider's Name Attention: Freddy Brooks FloorChem, Inc P.O. Box 8181 200 Powell Drive, Ste 103 Hillsborough,NC 27278 Raleigh,NC 27606 [SIGNATURE PAGE TO FOLLOW] Revised 1/16 6 DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: ocuSigned by: DocuSigned by: By F&VGLAA, D z5�lka MLYSbc By I At bra&, 0-w t r C oul�fi�79�q�gALlh477er 81 CCEA6AA4F94C 1... ��I 1V1 �T Anita M. Brack Printed Name and Title Revised 1/16 7 DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B ORANGE COUNTY—DEPARTMENT USE ONLY Deuartment Party/Vendor Name: F1oorChem, Inc. Party/Vendor Contact Person: Anita M. Brack Contact Phone: 919-427- 1547 Party/Vendor Address: 200 Powell Drive, Ste 103 City Raleigh State: NC Zip: 27606 Department: AMS Amount: $29,086 Purpose: flooring upgrades WHSC Bldg B Budget Code(s): 10240520-630000 Vendor# 57002 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No® Contract Type: (Check one) New Renewal ❑ Amendment ❑ Effective Date 04/21/2016 Approved by Board Yes❑ No❑ Agenda Date: This agreement is approved as to technical form and content: Fi;uSig ned by:Department Director's Signature �O"`7�Of' Date: 4/19/2016 9E880A46CF64498... Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurqpce st a�gyards, specifications, and requirements: Office of the Risk Management Officer F,usa, rb�6 Date: 4/21/2016 7FDCF917 1800498... Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: DocuSigned by: Office of the Chief Financial Officer Date: 4/25/2016 ('� �osr�2osz 7D4E5181ACC1409... Legal Services This agreement is approved as to legal form and sufficiency: . uSigne by.,'�L, Office of the County Attorney 56Z, r6ufs Date: 4/26/2016 EAA3D33EDM8465... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ DolloydL�oranaecountync.Qov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 1/16 8 DocuSign Envelope ID:A61 DD856-8C24-421313-131324-E011 DBDAAA9B /� 1;2_� /,(-;, FloorChem, Inc. 200 Powell Drive E-mail - floorchem ci)aol.com Suite 103 www.floorchem.com Raleigh, NC 27606 "A NC WBE Company' Phone: 919-854-9776 March 29, 2016 RE: R.E. Whitted Bldgs. — Flooring upgrades The following is a Revised proposal for installing the flooring in the above facility. Specifications are as follows: Single Solid Broadcast— 1/16" floor approx. 60 mils thick dry, 1. Remove existing VCT from floors 2. Diamond grind floors to remove VCT glue, clean & profile for acceptance of new coatings 3. Vacuum clean to remove dust and debris 4. Repair joints and/or cracks with flexible joint filler, membrane as needed 5. Apply coat of moisture-tolerant, high solids epoxy primer designed to reduce moisture vapor emissions and provide alkalinity control for concrete ivilh elevated moisture vapor transmission levels that exceed the acceptable limits 6. Apply full broadcast with clear epoxy resins and colored vinyl microchips 7. Apply grout/seal coat of epoxy resins 8. Apply top/seal coat of epoxy resin for a slip resistant finish Price quote for above will be Building A —Dental $ 9,526.00 approx. 1,6157=sq._ft.floors Building B—Medical $29,086.00 approx. 5,058± sq.,ft.floors Building B-Sterilization $ 1,223.00 approx. 213±sq._ft.floors Special Notes Please Read ► **Pricing effective for all areas to be done. ► **Any new concrete slab areas to receive coatings should not be sealed with anything. It should be wet cured with a light trowel finish. Any sealer on concrete will jeopardize the new coatings, as not all of the sealer can be removed completely from the concrete. 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. ► Adequate power will be needed to operate certain flooring and hand equipment, vacuums etc. ► 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. DocuSign Envelope ID:A61 DDHMC24-421313-131324-E011 DBDAAA9B March 29, 2016 R.E. Whitted Bldgs. Page 2 Warranties ► Workmanship will be guaranteed for one (1) year after date of completion on all floors. Terms ► Payment terms are based on "a percent of completion, progress payments" remainder net 20 please, upon completion of phased 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, Anita M. Brack Owner d1dgp 1rewhitted1 DocuSign Envelope ID:A61 DD856-8C24-421313-131324-E011 DBDAAA9B 711/2/2015 TE(MM/DD/YYYY) ACC?" CERTIFICATE OF LIABILITY INSURANCE 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). PRODUCER CONTACT Sue Alford NAME: John Hackney Agency of Rocky Mount HONE Ext: (252)442-3186 FAX No: (252)451-9400 950 Country Club Road E-MAIL Sal ford @jharm.com P. O. BOX 7807 INSURER(S)AFFORDING COVERAGE NAIC# Rocky Mount NC 27804-0807 INSURERA:Selective Insurance Co of SC 19259 INSURED INSURER B:Hartford Ins. Co. of Midwest 37478 Floorchem,Inc. INSURER C: 200 Powell Dr. , Ste 103 INSURER D: INSURER E: Raleigh NC 27606 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1511202207 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE 1XI OCCUR PREMISES(,a occurrence) $ 100,000 52002943 11/1/2015 11/1/2016 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 3,000,000 POLICY - [x] LOC PRODUCTS-COMP/OP AGG $ 3,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident) 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS X AUTOS 52002943 11/1/2015 11/1/2016 BODILY INJURY(Per accident) $ NON-OWNED Pera R-entDAMAGE HIRED AUTOS AUTOS Underinsured motorist $ 1,000,000 X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 0 52002943 11/1/2015 11/1/2016 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? � N/A (Mandatory in NH) 22WBCEG1705 11/1/2015 11/1/2016 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 (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION tcomar @orangecountync.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE Sue Alford/PSA ` ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025rgmami