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HomeMy WebLinkAbout2019-885-E AMS - Frazee Flooring Link relocationRevised 11/19 1 [Departmental Use Only] TITLE Link Relocate: Flooring FY 2020 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 26th day of November, 2019, (“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 Frazee Commercial, Inc. (the "Provider"), party of the second part; W I T N E S S E T H: 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: provide and install carpet tile and materials for Link Relocation moves into 300 W Tryon Street, as detailed in provided Quote PO# 9239, dated Novembe 11, 2019. The term of this agreement rendered shall be from 11/26/2019 to 12/31/2019. 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 (as determined by the County) performed in accord with this Agreement. The amount to be paid by the County shall not exceed three thousand eight hundred sixty two dollars and thirty one cents, ($3,862.31). 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 DocuSign Envelope ID: 6C3D40F7-1C22-432A-900D-B378518A7469 Revised 11/19 2 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.Indemnity: To the extent authorized by North Carolina law 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. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 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.orangecountync.gov/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 dispute. Should either party initiate litigation to settle any dispute involving the terms of this Agreement DocuSign Envelope ID: 6C3D40F7-1C22-432A-900D-B378518A7469 Revised 11/19 3 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 PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Frazee Commercial, Inc. P.O. Box 8181 3109 Hillsborough Road Hillsborough, NC 27278 Durham, NC 27705 DocuSign Envelope ID: 6C3D40F7-1C22-432A-900D-B378518A7469    To: Orange County/Alan Dorman From: Ricky Creech Re: Whitted Cubicle Date: November 11, 2019 adorman@orangecountync.gov PO# 9239 Unit LINE TOTAL Tax TOTAL GRAND TOTAL Provide Mohawk Carpet Tile Datum QB284, color: 7948 Granite 96 $2,606.60 $0.00 $2,606.60 Provide Empress PS Adhesive (4gal)1 unit $125.71 $0.00 $125.71 Provide Mohawk Freight $137.14 $0.00 $137.14 Provide Johnsonite 6" Base, color: Black 1 bx $248.57 $0.00 $248.57 Provide Base Adhesive 2 units $28.57 $0.00 $28.57 Provide Base Freight $64.29 $0.00 $64.29 Provide $0.00 $0.00 $0.00 Labor Provide labor to install Carpet Tile $480.00 $0.00 $480.00 Provide labor to install Base $171.43 $0.00 $171.43 TOTAL $3,862.31 $0.00 $3,862.31 Notes: - Price does not include any self leveling - Price does not include any moisture mediation - Price does not include after hour labor - Pricing is good for 30 days- All trash and debris will be removed from our work area Thank you for the opportunity to bid. If you have any questions please feel free to call or email from the above information FFrazee Commercial, Inc. 3109 Hillsborough Road, Durham, NC 27705 Office: 984.439.1533 Cell: 919.427.1937 creechflooring@msn.com DocuSign Envelope ID: 6C3D40F7-1C22-432A-900D-B378518A7469 DocuSign Envelope ID:6C3D40F7-lC22-432A-900D-B378518A7469 AC i CERTIFICATE OF LIABILITY INSURANCE PAT 48/15 bn�YYYY' 115/2019 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 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 doss not confer rights to the certificate holder in lieu of such endorsements). CON7A T Sal Galante PRODUCER NAME: PHONE 919-933-4000 we Na, 919 933-5150 All About Insurance Arc xt 1289 Fordham Blvd Ste D-1 ADOIIL : galants@nationwide.com INSURERS AFFORDING COVERAGE NAIC# Chapel Hill NC 27514-6110 INSURERA: Allied INSURED INSURERB: Builders Mutual Insurance Company Frazee Carpet&Interiors,INC INSURER C: 3113 Hillsborough Rd INSURER D: INSURER E: Durham NC 27705-3002 1NSURERF: COVERAGES CERTIFICATE NUMBER: 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 ADDLITYPE OF INSURANCE IN.. B POLICYNUMBER MMJDD YY MWMDNYYYI EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE ® OCCUR PREMISES REN lOO,000 PREMISES Ea occurrence $ MED RXP(Any one person) $ 5,000 A ACPGL02203887341 115/09/21119 05/09/2020 PERSONAL&ACV INJURY $ 1,010,004 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY rl PRO- LOC PRODUCTS-COMPIOPAGG $ 2,000,000 JCT OTHER: AUTOMOBILELIABILITY Ee eBINEDISIN LE UMIT $ IdL ANY AUTO BODILY INJURY(Per person) S A OWNED SCHEDULED ACPBPRM2203887341 05/09/2019 05f09/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERFYDAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident Hired&Norr Owned $ 2,000,000 UMBRELLA LIAS X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAMS-MADE ACPCAF2203887341 05/09/2019 05/09/2020 AGGREGATE $ 5,000,000 CEO F RETENTION$ $ WORKERS COMPENSATION STATUTE ERR AND EMPLOYERS'LIABILITY YIN E.L EACH ACCIDENT $ 1,000,000 B OF CEORIMEMBERXCLUD�ECU7IVE ❑ N/A WCP003927012 02/16/2014 02/16/2020 1,000,000 (Mandatory In NH) E.L.DISEASE-F-A EMPLOYEE $ If yyes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 OESGRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101.AddlUonal Remarks Schedule,may be attached if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 13EFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Sal Galante ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD