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HomeMy WebLinkAbout2016-292-E AMS - FloorChem, Inc. for flooring upgrades at motor pool DocuSign Envelope ID: C269DO8B-F3B7-4EA6-BDAO-2DE5B421 F45A [Departmental Use Only] TITLE Flooring Motor Pool FY 2016 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 9th day of June, 2016, ("Effective Date")by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"),party of the first part; and F1oorChem 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: provide materials and install flooring upgrades at the Orange County Motor Pool, located at 600 Highway 86 North, as described in provided proposal dated May 3, 2016. The term of this agreement rendered shall be from June 9 to June 30, 2016. 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 I. 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 four thousand nine hundred two dollars, ($4,902). 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 County'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 Revised 1/16 1 DocuSign Envelope ID: C269DO8B-F3B7-4EA6-BDAO-2DE5B421 F45A 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. 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement 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. County may suspend this Agreement upon reasonable 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 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to 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. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of 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. By executing this Agreement Provider affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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 Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. 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 1/16 2 DocuSign Envelope ID: C269DO8B-F3B7-4EA6-BDAO-2DE5B421 F45A IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDJ�R DocuSigned by: ocuSigned by: By. 176 61AJA,It,C�mAmt rs By: Fawfx A& bract, t1wvar KyMWi Wr Title: 200 S. Cameron St. Anita M. Brack, Owner P.O. Box 8181 F1oorChem Inc Hillsborough,NC 27278 Raleigh,NC 27606 Revised 1/16 3 DocuSign Envelope ID: C269DO8B-F3B7-4EA6-BDAO-2DE5B421 F45A 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 May 3, 2016 RE: Motor Pool —Flooring upgrades The following is a 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 primer coat of high solids epoxy resins lightly broadcasted with aggregates 6. Apply full broadcast with clear epoxy resins and colored vinyl microchips 7. Apply grout/seal coat of quick cure urethane 8. Apply top/seal coat of quick cure urethane for a slip resistant finish Price quote for above will be $4,902.00 Areas bathrooms and hallway approx. 1,032 sq.ft.floors Special Notes Please Read ► "Pricing effective for all areas to be done at the same time. ► "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. 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 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 d 1a 1yp1wo torpool orangeco DocuSign Envelope ID: C269DO8B-F3B7-4EA6-BDAO-2DE5B421 F45A 7111/2/2015 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 A/C No: (252)451-9400 950 Country Club Road ADDRESS: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 A CLAIMS-MADE � OCCUR PREM SESOEa occurrence)l $ 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/OPAGG $ 3,000,000 JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident 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 PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident 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 PER OTH- AND EMPLOYERS'LIABILITY X S Y/N TATUTE 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(2014/01) The ACORD name and logo are registered marks of ACORD INS025 rgmnm t