HomeMy WebLinkAbout2015-318-E DSS - Nice and Green Flooring Solutions, LLC for floor cleaning $5,480 DocuSign Envelope ID: 7DA537F6-EEE6-4EEA-B8F6-9B994A704826
[Departmental Use Only]
TITLE Nice and Green Flooring
FY 2014-15
ORANGE COUNTY
CONTRACT UNDER $15,000.00
NORTH CAROLINA
THIS AGREEMENT, made and entered into this 1 st day of July, 2015, ("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 Nice and Green Flooring Solutions, L.L.C. (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: The Provider will dry strip and apply two coats of XLUF floor finish to
Department of Social Services floors. This includes the corridors, atriums, lobby, training room, large
meeting room, kitchen, and children's play room. The Provider will also apply a High Speed Burnish to the
floors. The Provider will complete the project over two weekends.
The term of this agreement rendered shall be from May 22, 2015 to August 1,2015.
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 ali 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 Five
Thousand Four Hundred and Eighty Dollars and 001100, ($5,480). Payment shall be made within thirty(30)
days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terns 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.
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DocuSign Envelope ID: 7DA537F6-EEE6-4EEA-B8F6-9B994A704826
4. Insurance: Provider shall obtain, at its sole expense, Commercial General Liability
n additional insurance as may
Insurance, Automobile Insurance, Workers' Compensation Insurance, and any a d y
be required by Owner'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://orangecountync.gov/purchasing/contracts.asp).
If Owner's Risk Manager determines additional insurance coverage is required such additional insurance
shall consist of N/A (if no additional insurance required mark NIA as being not applicable). Provider shall
not commence work until such insurance is in effect and certification thereof has been received by the
Owner'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.
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.
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 IIA 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 this Agreement, the terms herein shall have priority in any conflict between the terms of
referenced documents and the terms of this Agreement.
9. Governin_g Law:_ Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. 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. 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.
Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract
with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of
Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain
compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Provider's
breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with
Article 2 of Chapter 64 of the North Carolina General Statutes.
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.
[SIGNATURE PAGE TO FOLLOW]
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DocuSign Envelope ID: 7DA537F6-EEE6-4EEA-B8F6-9B994A704826
IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORAN 1� PRO Rpsigned by:
Y. osB
By: oa04D4,oD...
Bonnie Hammersley, County Manager
200 S. Cameron St. Nice and Green Flooring Solutions, L.L.C.
P.O. Box 8181 1183 University Dr. 4105-113
Hillsborough, NC 27278 Burlington, NC 27215
Revised 7114 3
DocuSign Envelope ID: 7DA537F6-EEE6-4EEA-B8F6-9B994A704826 THE HARPER AGENCY PAGE 02102
NICEAND-01 JNEWtON
CERTIFICATE OF LIABILITY INSURANCE Dane(7rmFjmDN�MIDDrYVrY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAfJON 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 certlflcata holder Is an ADDITIONAL INSUKED,the policy(ie5)must be endorsed, If SUBROGATION IS WAIVED,subject to
the terms and conditlorm of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in liou of such endoroement(s).
PRODUCER ROME: Jennifer S. Newton
The Harper Ageneyr,Lester Insurance Group Inc. P110N n Ex (3S6)227P71 w
PO Sax 1$ G No
67 P.M
1097 S.Main Street
ADDRESS:
Burlington,NC 27216
INSURER(g)AFFORDING COVERAGE NAIL H
INSURERA:Erie Insurance Exchange 2827'1
INSURFd7 INSURER B
Nice✓&Green FlDaring Solutions,LLC INSURER c:
1183 University Drive 9105-113 INSURER D:
Burlington,NC 27215 INSURER E'
INSURER F: i
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOWHAVE SEEN 13SOED TO THE INSURED NAMEDABOVE FOR.THL 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 6EEN REDUCED BY PAID CLAIMS,
INSR TYPE OFINSURANGE 1N yayp POLICYNUMSER POLICY Y MNIO LIMITS
A x COMM FRCIALGENERALLIABILITY EAGHOCCURRENCE g 1,006,000
CLAIMS-MADE 0 OCCUR 03M750784 OS167l2015 0310712016 PREKSE3 Eaaccurante $ 1,000,000
MED EXP(Any one peraon) 1 5,000
PERSONAL S ADV INJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGRSDATE $ 2,000,000
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POLICY F] GPRO T LOG PRODUCTS-CQMPKSPQGG $ 7r600r00
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OTHER;
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AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
Ea acddan
ANY AUTO BODILY INJURY(Perperaan) $
ALL OWNED SCHEpUI.ivD BODILYINJURY(P-=nc derl) $
AUTOS Auras $
HIRED AUTOS NON-OWNED PP OPERTY DAMAGE
Auras ( r maidgnt)
$
DMBRELLAt" OCCUR EACH OCCURRI=NCE #
P=1120 LIAR GOIMS-MADE! AGGREGATE $
DED RETENTIONS
WORKUR.SCOMPENSATION PTR T ERH
AND EMPLOYERS'LIABILITY
ANY PROPRIETORIPARTN-zA"rCUT!VE Y� N IA E.L.EACH ACCIDENT $
CFFICERNEMBER FXQLUDQD7
(Mandatary in Nlr) S.L.DISEASE-EA EMPLOYEE S
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DESCit1PTION OF OPERATIONS bbkw EL.OISEASE-POLICY LIMIT 6
DESCRIPTION OF OPERATIONS J LOCATIONS I VEHICLES (ACORD 101,Addi lonal Ramaria Schad,da,mxy ha attachea tt mori spwo IS requirso)
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABQYI DESCRIBED POLICIES BE CANCELLED BEFORE
Orange County Social Services THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELFUERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
113 Mayo St.
Hillsbarough,NO 27278
AUTHDRIiED REPRESENTATIVE
�D 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014161) The ACORD name and logo are registered marks of ACORD