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HomeMy WebLinkAbout2017-026-E AMS - Nice & Green Flooring Solutions, LLC for floor restoration at north side county facilities DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB [Departmental Use Only] TITLE Flooring -North FY 2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3rd day of January, 2017, ("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 Nice & Green Flooring Solutions, LLC (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: perform flooring restoration at the following north side Orange County facilities: Efland Community Center carpet; Link GSC carpet and all ground floor VCT; OPT carpet; Library carpet; and Whitted Human Services Center(1st floor and 2nd floor carpet), as detailed in provided estimates 105, 106, 109, 111, and 112. The term of this agreement rendered shall be from December 30, 2016 to June 30,2017. 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 thirteen thousand four hundred fifty dollars and twenty cents, ($13,450.20). 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 6/16 1 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB 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 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. Revised 6/16 2 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB 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 6/16 3 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER DocuSigned by: DocuSigned by: By: 1561Akuit, tka" tt,V'S By: Co 31VIViI tr'1�... Title: 39 0•F804D4DD... 200 S. Cameron St. Nice& Green Flooring Solutions, LLC P.O. Box 8181 1183 University Dr. #105-113 Hillsborough,NC 27278 Burlington,NC 27215 Revised 6/16 4 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB Nice ,,,,:, ,,,:,----4-,,.-----,,,i-------7---,,, ---- ,re� ,,,,„. i ,:,,,,,,,,,,,,:„,...,:41,,,,,f,:,.,,/,-,Floor Care Specialists f. t '` ' r, w Nice and Green Flooring Solutions, I.i..C Mail to: Estimate No: 105 1183 University Dr,#105-113 Burlington,NC.27215 Date: Dec 9, 2016 336-404-9197 For: Orange Asset Mmo 131 W. Margaret Co Laneg, HillsboroughtlFreddy Br, NC oks 27271 1 Description Quantity Rate Amount Efland Community Center 117 Richmond Rd Efland,NC 27243 Chemically Strip and application of 4 coats XLUF 1800 $0.65 $1,170.00 Restore Clean(includes Vacuum,Prespray,HWE and LMC)of Carpet 250 $0.45 $112.50 I We thank you for the opportunity,and appreciate your business. Total $1,282.50 1/I DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB Nice 2 ref ate Floor Care Specialists �.,�.�, ` c f� ,, - �° --, Nice and Green Flooring Soietioris, LLC Mail to: Estimate No: 106 1183 University Dr.#105-113 Burlington,NC.27215 Date: Dec 9, 2016 336-404-9197 3 For: Orange Co Asset Mgmt/Freddy Brooks 131 W. Margaret Lane, Hillsborough, NC 27271 i Description Quantity Rate Amount John Link Govt.Service Center 200 S.Cameron Street Hillsborough,NC 27278 Carpet Mgr.Office Carpet LMC 3600 $0.25 $900.00 Clerk Office Carpet LMC 1300 $0.25 $325.00 Finance&Budget Carpet LMC(entry area will be extracted prior to LMC) 3500 $0.25 $875.00 Human Resource Carpet LMC(150sgft extracted of front air lock) 4400 $0.25 $1,100.00 VCT Ground Fl Candy Area Chemical Strip and Refinish 550 $0.65 $357.50 Ground Fl Candy Assisted Area Chemical Strip and Refinish(Excludes rooms 121 &137) 1600 $0.65 $1,040.00 We thank you for the opportunity,and appreciate your business. Total $4,597.50 111 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB N ice r � re ate Floor Care Specialists Nice and Green n i ri q Solutioris, Mail to: Estimate No: 109 1183 University Dr.#105-113 Burlington,NC.27215 Date: Dec 14, 2016 336-404-9197 For: Orange Co Asset MgmtlFreddy Brooks 131 W. Margaret Lane, Hillsborough, NC 27271 Description Quantity Rate Amount OPT 600 Hwy 86 N LMC of Carpet 1444 $0.25 $361.00 Chemical Strip and Refinish of VCT 533 $0.65 $346.45 We thank you for the opportunity,and appreciate your business. Total $707.45 ( 1/1 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB N''' e -F lc ,..-r . �- L i. ate ff Floor Care Specialists ` w lam`/' Nice and Green Flooring Solutions, LLC Mail to: Estimate No: 111 1183 University Dr.#105-113 Burlington,NC.27215 Date: Dec 19, 2016 336-404-9197 t For: Orange Co Asset Mgmt/Freddy Brooks , W. Margaret Lane, Hillsborough, NC 27271 f ff i. J Description Quantity Rate Amount Orange County Library 137 W.Market St Hillsborough NC LMC carpet areas on 1st floor 7800 $0.25 $1,950.00 Deduct for Bookshelves and Unreachable areas 600 $0.20 $120.00 LMC carpet of 2nd floor 9900 $0.25 $2,475.00 Deduct for Bookshelves and unreachable areas 900 $0.20 $180.00 We thank you for the opportunity,and appreciate your business. Total $4,125.00 • 111 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB Nfce g 4'4 tki re� mate Moor Care Specialists Nice and Green Flooring Solutions, 1_1_,(„; Mail to: Estimate No: 112 1183 University Dr.#105-113 Burlington,NC.27215 Date: Dec 19, 2016 336-404-9197 For: Orange Co Asset Mgmt/Freddy Brooks 131 W. Margaret Lane, Hillsborough, NC 2727 Description Quantity Rate Amount Whitted Building 300 W.Tryon St Hillsborough,NC First floor Carpet HWE(as needed)or LMC 7724 $0.25 $1,931.00 Second floor Carpet areas HWE(as needed)or LMC 3227 $0.25 $806.75 We thank you for the opportunity,and appreciate your business. Total $2,737.75 1/1 DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB Erie CERTIFICATE OF INSURANCE Insurance° -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- ID-3 Ere Irvi PI . ENE:,PA 110510 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED 09/01/2016 105 HIARP131 A113NCA JJ 1 156 1031 S MAIN 1,3! NAME AND ADDRESS OF CERTIFICATE HO,LDER , 0151A51/031300I3 , N 1/115 5758 336-227-4271 NAME AND ADDRESS OF NAMED INSURED ORANGE COUNTY NICE AND GREEN COMMERCIAL ATTN: TAMMY COMAR FLOOR CARE SERVICES LLC PO BOX 8181 1940 CRAWFORD RD LOT 27 HILLSBOROUGH NC 27278— GRAHAM NC 27253-9077 This is to certify that policies,as indicated by Policy Number below,are in force for the Named Insured at the time that the certificate is being issued. POLICY POLICY —' TYPE OF INSURANCE POLICY NUMBER EXPIRA DATE LIMITS OP INSURANCE EFFECTIVE DATE TION _._..._..,.._ GENERAL LiABiLiTY 0253121000 01/31/2016 01/31/2017 EAci u occunnplcE s 1 0000 r-, COMMERCIAL GENERAL LIABILITY Hu OCCIJRRENCE LOAM FIRE DAMAGE GENIL AGGREGATE LIMIT APPLIES .(Arly Of 0'!.premses) 1000000 PER POLICY VOLUNTARY PROPERTY DAMAGE MED EXP(Any ono Eamon) S 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE S 2000000 pRoDucTs-COMPOP AGG$ 2000000 BODILY INJURY , , AUTOMOBILE LIABILITY 0100630737 10/06/2016 10/06/2017 (EACH PERSONO " 100000 ANY AUTO(OWNED,HIRED, BODILY N,.IURY S 300000 NON OWNED) (EACH ACCIDEN1) PROPERTY DAMAGE $ Inonon BODILY(N DRY AND s PROPERTY DAMAGE COMBINED 1 _ EACH OCCURRENCE AGGREGATE — ,......, STATUTORY EGO O LY ACCIDENT $ EACH ACCIDENT INJURY DISEASE S POLICY MT .1 1 BY DISEASE S. EACH EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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 endorsernent(s), THIS CERTIFICATE IS ISSUED FOR INFORMATION PURPOSES ONLY AND ERIE INSURANCE CONFERS NO RIGHTS ON THE CERTIFICATE HOLDER.IT DOES NOT AFFIRMATIVELY OR NEGATIVELY LIST,AMEND,EXTEND OR OTHERWISE ALTER THE TERMS,EXCLUSIONS AND CONDITIONS OF INSURANCE COVERAGE CONTAINED IN THE POLICY(IES)INDICATED ABOVE.THE TERMS SEE REVERSE SIDE AND CONDITIONS OF THE POLICY(IES)GOVERN THE INSURANCE COVERAGE AS APPLIED TO ANY GIVEN SITUATION.LIMITS SHOWN MAY HAVE BEEN REDUCED BY CLAIMS PAID.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER AND CERTIFICATE HOLDER. AUTHORIZED /1‘4,..„ I REPRESENTAINE UE-15(18 0911 2 CIF DocuSign Envelope ID: 5084246A-7988-4068-804E-9127EAD179DB A`UK° CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD016 ITYYY) 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 Martha Dickerson NAME: Lester Ins. Group, Inc. T/A The Harper Agency (A/C.No.EMI; (336)227-4271 FAX No):(336)222-9467 1037 S. Main St. ADDREss:m artha.dickerson @harperinsurance.com PO Box 1867 INSURER(S)AFFORDING COVERAGE NAIC Burlington NC 27216 INSURERA:Erie Insurance Exchange 26271 INSURED INSURER 8: Nice S Green Flooring Solutions LLC INSURER C: 1183 University Drive INSURER D: 4f105-113 INSURER E: Burlington NC 27215 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1642906949 REVISION NUMBER: THIS 15.10 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE JNSD WVD POLICY NUMBER IMM!DDIYYYY) IMM!DDIYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ 039-0750764 3/7/2016 3/7/2017 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY JECr i LOC i PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident)!S AUTOS AUTOS NON-OWNED ( PROPERTY DAMAGE HIRED AUTOS AUTOS I(Per accident) S $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION ( PER 0TH- AND EMPLOYERS'LIABILITY STATUTE ER YJN ANY PROPRIETOR/PARTNER/EXECUTIVE EACH ACCIDENT OFFICER/MEMBER EXCLUDED? NIA • E.L. S (Mandatory In NH) , E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below _ E.L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P 0 Box 8181 ACCORDANCE WITH THE POLICY PROVISIONS. Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE ---;--,� Martha Dickerson/MHD rid4'� �� ` ���'� S6`" ©1988.2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)