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HomeMy WebLinkAbout2018-326-E AMS - Proctor Flooring Link ceiling tilesDocuSign Envelope ID: 22DDA535- EA45- 448B- 9C14- 4375A5FBA8E3 [Departmental Use Only] TITLE Link Ceiling Tiles FY 2019 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of July, 2018, ( "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 Proctor Flooring & Acoustical, 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 and/or construction (hereinafter referred to collectively as "Services ") to be furnished under this Agreement are as follows: supply and install 15/16" white intermediate duty grid required to patch the existing grid adjacent to the exterior wall that has been removed and damaged. Pricing includes the cost to remove additional grid so that mains can be tied /spliced together as needed. Reinstall existing acoustical ceiling tile supplying up to 20% new acoustical ceiling tile in area where tile has been removed at the Link Government Services Center, 200 S Cameron Street, Hillsborough, NC, and as detailed in attached bid proosal dated July 18, 2018. The term of this agreement rendered shall be from July 18, 2018 to July 31, 2018. 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. Pam: 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 three thousand one hundred ten dollars, ($3110.00). 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. Revised 10/17 (Mgr appry 5k 6/18) DocuSign Envelope ID: 22DDA535- EA45- 448B- 9C14- 4375A5FBA8E3 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 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 be designated here (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. Indemni : The Provider agrees, without limitation, 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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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 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. Modifications may be evidenced by telefacsimile signature. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and Orange County. 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 Non - Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http: / /www.oran eg coun!nc. og v/departments /purchasing division/contracts.php.). 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 certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- 86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147- 86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the Revised 10/17 (Mgr appry 5k 6/18) 2 DocuSign Envelope ID: 22DDA535- EA45- 448B- 9C14- 4375A5FBA8E3 dispute. 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. 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 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY By E— E880A4fiCF64498... )r 200 S. Cameron St. P.O. Box 8181 Hillsborough, NC 27278 Revised 10/17 (Mgr appry 5k 6/18) PROVIDER GocuSigned by: By: rah, SA"AA, Title: 1EB9935DOBB2490... jer Proctor Flooring & Acoustical, Inc. 110 Brenrose Circle Durham, NC 27705 DocuSign Envelope ID: 22DDA535- EA45- 448B- 9C14- 4375A5FBA8E3 PROCTOR Flooring & Acoustical, Inc. I 110 BRENROSE CIRCLE, DURHAM, NORTH CAROLINA 27705 PHONE (919) 383 -8511 FAX (919) 382 -3310 ATTENTION: Alan Dorman DATE: 7/18/2018 PROJECT: Orange County 200 South Cameron St BID PROPOSAL ACOUSTICAL Supply and install 15/16" white intermediate duty grid required to patch the existing grid adjacent to the exterior wall that has been removed and damaged. Pricing includes the cost to removal additional grid so that mains can be tied/spliced together as needed. FOR THE SUM OF: $1,315.00 Reinstall existing acoustical ceiling tile suppling up to 20% new acoustical ceiling tile in area where tile has been removed. FOR THE SUM OF: $1,795. 00 WE ACKNOWLEDGE RECEIPT OF ADDENDA NO(S) 0. WORK WILL BE STARTED UPON TEN (10) DAYS WRITTEN NOTICE. THIS PROPOSAL IS SUBJECT TO ACCEPTANCE WITHIN 30 DAYS AND IS SUBJECT TO ALL TERMS AND CONDITIONS LISTED HEREIN. COMPANY: IM DATE SUBMITTED BY: Paul Sullivan PROCTOR FLOORING & ACOUSTICAL, INC. DocuSign Envelope ID: 22DDA535- EA45- 448B- 9C14- 4375A5FBA8E3 A °0 CERTIFICATE OF LIABILITY INSURANCE DATElMlA1D[l,SWYI 071201'2(798 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(its) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s , PRODUCER CONTACT I NT ©. A T EN FEDERATED MUTUAL INSURANCE COMPANY HOME OFFICE: P.O. BOX 328 A CNNa Ext : 88$- 333 -4949 AX No : 507 -446 -4664 AODREss:CLIENTCONTACTCENTER FEDINS.COM OWATC7NNA, MN 55060 INSURER(S) AFFORDING COVERAGE NAM EACH OCCURRENCE INSURER A. FEDERATED MUTUAL INSURANCE COMPANY 13935 PREMISE T Ea Oa TE Hence INSURED 1i64- 640 -5 INSURER S: EXCLUDED PROCTOR FLOORIN3 & ACOUSTICAL INSURER C: $1,000,QOO 110 BRENROSE CIR INSURER D: $2,000,000 DURHAM, NC 27705 -2203 INSURER E: INSURER F: AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON OWNED AUTOS ONLY COVERAGES CERTIFICATE NUMBER: 45 REVISION NUMBER: 0 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 V1iTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN lS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DL INSR SUER POLICY NUMBER POLICY EFF MMfDDIYYYY POLICY EXP MMIDDNVYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAJMS -MADE OCCUR Y N 6069568 07/0112018 07/01/2019 EACH OCCURRENCE $1,DDD,D00 GEN'L X PREMISE T Ea Oa TE Hence $1D0,DDD MED EXP (Any one person) EXCLUDED PERSONAL& ADV INJURY $1,000,QOO AGGREGATE UM17 APPLIES PER! PO! -3CY ���ECT �LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMPIOP AC-0 $2,000,000 A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON OWNED AUTOS ONLY N N 608 O 568 071011201$ 07109/2019 COMBINED SINGLE LIMIT ya a lzr en $9,QDQ,DDQ BODILY INJURY {Per person)( BODI LY INJURY (Per auident} PROPERTY DAMAGE Per acrid A X UMBRELLA LIAR EXCESS LIAR X OCCUR I CLAIMS -MADE N N 6069570 0710112098 071D1/20 19 EACH OCCURRENCE SS,000;ODO AGGREGATE S5,OOO,000 DED I I RETENTION A WORKERS COMPENSATION AND EMPLOYERS' AR7NE I IE ANY PROPRMBERYEXCLUDRJEXECUTIVE YIN (Mandatory in NH EXCLUDED. {Mandatory in NH) If yes, describe Under DESCRIPTION OF OPERATIONS below N 5069569 07/01/2018 0710112019 X PER STATUTE OTH- ER E.L EACH ACCIDENT 55DD,QDD E.L. DISEASE - EA EMPLOYEE E.L DISEASE - POLICY LIMIT SsOD,DQD DESCRIPTION OF OPERATIONS 1 LOCATIONS o VEHICLES (ACORD 101. Addiiianal Remarks Schedule. (nay he attadled if more space Is required) PROJECT; 200 SOUTH CAMERON STREET. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR (CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION I 64 -640 -5 C]RAN3E COUNTY PO BOX 8181 HILLSBOROU3H, NC 272781$1 450 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE _ @ 1988 -2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD