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HomeMy WebLinkAbout2016-712-E AMS - Tile Restoration Inc. for Whitted Bldg. floor care DocuSign Envelope ID:69F93BE5-OFF1-412C-9392-F34F64FCO20C [Departmental Use Only] TITLE WHSC Floor Care FY 2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 20th day of December, 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 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: apply EverGLAZE Rejuvenation Process to Whitted Human Services (located at 300 W Tryon Street, Hillsobrough) Building A's Dental Clinic staff Rest Room, and the Housing, Human Rights & Community Development women's restroom, unisex hallway restroom, and the staff restroom; as detailed in provided proposal dated October 31, 2016. The term of this agreement rendered shall be from January 3, 2017 to January 11, 2017. 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 one thousand two hundered fifty dollar, ($1,250). 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 Revised 6/16 1 DocuSign Envelope ID:69F93BE5-OFF1-412C-9392-F34F64FCO20C 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 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. 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. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. 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 Revised 6/16 2 DocuSign Envelope ID:69F93BE5-OFF1-412C-9392-F34F64FCO20C 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 6/16 3 DocuSign Envelope ID:69F93BE5-OFF1-412C-9392-F34F64FCO20C IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVI1 DocuSigned by: ocE u i2 gned by: By: 1561A AA. tka"mt-IrStui By: Eketz. O its e ,. "Nfai er Title\`"di'€Wc'isi-t° i'dent 200 S. Cameron St. Tile Restoration Inc P.O. Box 8181 119 East Main Street Hillsborough,NC 27278 Hookerton,NC 28538 Revised 6/16 4 DocuSign Envelope ID:69F93BE5-OFF1-412C-9392-F34F64FCO20C SartiG ` E* T R I (-17) T1 SOYPDXY p g,°. Pure Performance .114 Your Flooring ®Solution Resotlrr_e ✓; ru r .. www.tilerestorationinc.cam { t 1, or,r; er<,t Xolited' 119 East Main Street Sustainable Flooring System Hookerton,NC 28538 Apradua hrmvdof WIOEIE Inhmuewml,IM. Phone: 866-327-4600 Freddy Brooks Date: 10/31/2016 01:41 PM Orange County Public Works Phone: 919-245-2636 Rep.:Brad Albritton 600 Highway 86 North Fax: 919-644-3043 Cell :252-916-2045 Hillsborough,NC 27278 Email:fbrooks@orangecountync.gov Fax:252-376-1452 Email:brada @tilerestorationinc.com Process Description of Area Price 1 115 EverGLAZE EverGLAZE Rejuvenation Process-Human Services Building- $900.00 Front Women's RR,Unisex Hallway RR,and Clinic Staff RR 1 115 EverGLAZE EverGLAZE Rejuvenation Process-Dental Clinic Staff RR $350.00 Whitted Building- Proposal Includes: Removal of SaniTECH topical sealer in restroom located in Human Services Department Inspect and Repair Glazing in grout lines if needed Re Apply SaniTECH topical Sealer Dental Clinic Staff Restrooms Clean Restroom Floor Sand and Recoat specific areas with SaniMAX • 50%of Proposal Due Before Work is Scheduled Deposit Due A Fee of 2.5%will be added for all Credit Can]Transactions Terms:Net 20 Days TOTAL $ 1,250.00 Please Remit All Contracts,PO's and Payments To: Tile Restoration Inc. 119 East Main St PO Box 160 Hookerton NC 28538 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,tomado 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. All Tile Restoration services require a minimum of 72 of cure time before they can be exposed to moisture.If this timeline is not adhered to the customer takes full responsibility for any damage or performance issues that may result. TRI marketing will send periodic email communication informing you of various service offerings.At any time you wish to stop receiving this information you may opt out from within the email received or contact our office. 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 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 The Restoration Inc.and it 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. SaniMAX Polymer Coating Provides a 36 Month(3 year)wear warranty.Product is warranted against defects and excessive surface wear(loss of more than 10%)of coating based on the entire area installed. In support of this warranty TRI will repair or resurface areas at is sole discretion. •Property must remain in the possession of the original customer. •Coating has not been subject to accident,misuse or abuse(i.e.rolling chairs,or equipment on metal castors which grind through system surface.) •This warranty does not cover a coating that has been modified,altered,defaced,or had repairs made or attempted by others. •TRI must be immediately notified in writing within ten(10)days of first knowledge of defect by owner or his agent. •Under no circumstances shall manufacturer be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special,indirect,secondary or consequential damages of any nature however arising out of the use or inability to use because of construction defect. DocuSign Envelope ID:69F93BE5-OFF1-412C-9392-F34F64FCO20C AC° DATE(MM/DD/YYYY)® CERTIFICATE OF LIABILITY INSURANCE 11/4/2016 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 CONTA y e�CT Beverly Pik AAI NAME: Jake A Parrott Insurance Agency Inc (A/CNNo,Ext): (252)523-1041 /C No): (252)523-0195 2508 N HERRITAGE STREET E-MAIL p b p ike@ arrottins.com ADDRESS: PO BOX 3547 INSURER(S)AFFORDING COVERAGE NAIC# KINSTON NC 28502 INSURERA:EMPLOYERS MUTUAL CASUALTY CO 21415 INSURED INSURER B:EMCASCO INSURANCE COMPANY 21407 TILE RESTORATION INC INSURER C: PO BOX 160 INSURER D: INSURER E: HOOKERTON NC 28538-0160 INSURERF: COVERAGES CERTIFICATE NUMBER:16-17 MASTER 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 SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 5D20546 11/7/2016 11/7/2017 MEDEXP(Anyoneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS 5E20546 11/7/2016 11/7/2017 BODILYINJURY(Peraccident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) Medical payments $ 5,000 X UMBRELLALIAB OCCUR EACH OCCURRENCE $ 2,000,000 EX A MESS LIAR CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ 5J20546 11/7/2016 11/7/2017 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A B (Mandatory in NH) 5H2O546 11/7/2016 11/7/2017 E.L.DISEASE-EA EMPLOYEE$ 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 IS LISTED AS AN ADDITIONAL INSURED AS PERTAINS TO GENERAL LIABILITY, ON A PRIMARY BASIS INCLUDING PRODUCTS & COMPLETED OPERATIONS, VIA A WRITTEN CONTRACT IN PLACE WITH THIS REQUIREMENT INCLUDED. CERTIFICATE HOLDER IS LISTED AS AN ADDITIONAL INSURED AS PERTAINS TO AUTO LIABILITY, VIA A WRITTEN CONTRACT IN PLACE WITH THIS REQUIREMENT INCLUDED. WAIVER OF SUBROGATION IN FAVOR OF ADDITIONAL INSURED APPLIES TO GENERAL AND AUTO LIABILITY AND WORKER'S COMPENSATION, VIA A WRITTEN CONTRACT IN PLACE WITH THIS REQUIREMENT INCLUDED. EXCLUDED OFFICERS IN WORKER'S COMPENSATION COVERAGE: DAVID ALBRITTON & CHARLES ALBRITTON III. 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 H Reynolds/HEATHE EL —P-N ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 r7mdm i