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HomeMy WebLinkAbout2017-146-E AMS - Nice & Green Commercial Floor Care Services - VCT maintenance, carpet cleaning at Passmore and Soltys facilities DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 [Departmental Use Only] TITLE VCT Maint/Carpet Clean FY 2017 ORANGE COUNTY CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 3RD day of May, 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 Commercial Floor Care Services (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: provide VCT Maintenance and carpet cleaning to 103 and 105 Meadowlands Drive, Hillsborough, as detailed in supplied proposal. The term of this agreement rendered shall be from May 1, 2017 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 four thousand four hundred dollars, ($4400.00). 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. 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 Revised 2/17 1 DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 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 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. 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 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 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 Revised 2/17 2 DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 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 2/17 3 DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 IN WITNESS WHEREOF, County and the Provider have signed this Agreement, effective as of the day first written above. ORANG cuOLJ VTY PRO V bZUSigned by: B �°jpbin7�tA,,it7, tkcvnol rSt B joonnt,S p jav wu 1 y County 1VrAIi 1 F T tl �ANIc IL13614E5... 200 S. Cameron St. Nice& Green Commercial Floor Care Services P.O. Box 8181 5104 South NC Hwy 49 Hillsborough,NC 27278 Burlington,NC 27215 Revised 2/17 4 DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 DS ORANGE COUNTY-DEPARTMENT USE ONLY vb. Department Party/Vendor Name: Nice & Green Commercial Floor Care Services Party/Vendor Contact Person: James Barnett Contact Phone: 336-380-4278 Party/Vendor Address: 5104 South NC Hwy 49 City Burlington State: NC Zip: 27215 Department: AMS Amount: $4400.00 Purpose: VCT Maintenance & carpet cleaning at Passmore & Soltys facilities Budget Code(s): 10240520-630000 Vendor# 64261 (N/A if new vendor) Vendor is a BOCC consultant? Yes ❑ No Contract Type: (Check one) New ® Renewal ❑ Amendment ❑ Effective Date 05/03/2017 Approved by Board Yes❑No❑ Agenda Date: This agreement is approved as to technical formggr , t,:by: Department Director's Signature P � Date: 5/1/2017 �--9E880A46CF64498... Information Technologies (Applicable only to hardware/software purchases or related services)This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer Date: Risk Management This agreement is approved for sufficiency of insurance standards, specifications,and requirements: IDocuSigned by: 1111 Office of the Risk Management Officer ((USX((USX COr""A.tht Date: 5/2/2017 �---7FDCF9176800498... Financial Services This instrument has been pre-audited in the m putg3ctg(aWsgil by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer `�°'�"��°'v 5/2/2017 �"� Date: �---7D4E5181ACC1409... Legal Services This agreement is approved as to legal form grbic>vy: jaLtA, rbltvl' 5/3/2017 Office of the County Attorney Date: �----EAA3D33ED8A8465... Clerk to the Board Received for record retention: All Docusign contracts must be copied to Donna Lloyd upon completion @ Dolloyd@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Office of the Clerk to the Board Date: Revised 2/17 5 DoowSWn Envelope ID: BD1C3454-31254154-3A7E'FF88F858E280 t 1 Mate NICE And Green Commercial Floor Care Sery mail to: Estimate No: 120 mowowo Hwy*s Date: �amh21. 2U17 Burlington,NC.27215 ' 336-380-4276 For: Orange Co Asset MgmtlFreddy Brooks 131 W. Margaret Lane, Hillsborough, NC 2727( .--�-- ----------���� ------'------- ---- Description Quantity Rate Amount Central Ora Senior Center 103 Meadowland Dr. Low mmom�mnanmoand opn menninnm�|ama 4,500 $0.25 $1,125.00 1 We thank you for the opportunity,and appreciate your business. Total $1,125.00 • .o, 000wSWn Envelope ID: oo1C3454-a1u5-4154-aArE-rr88r858Eu80 «r , - 5 to im ate '41*st,, _ NICE And Green Commercial Floor Care Sery Mail to: 51 121 o1mswow�4o Burlington,NC.z Date: March 2017 aunon wo1s ' 21, 336-380-4276 For: Orange Co Asset Mgmt/Freddy Brooks 131 W. Margaret Lane,HiUobnmugh,NC 27271 Description Quantity Rate Amount Central Ora Senior Center 103 Meadowland Dr. Chemical umvand Refinish mvnTinonamoomonuvm|ohomamm�o o.00n $0.65 $1,950.00 Post uummmohm 2 575.00 $150.00 Pottery art ano� onuipmnntvwnneeumuemoveo 1 $0.00 $0.00 We than you for the opportunity and appreciate your business. Total $2,100.00 o, DoowaWn Envelope ID: BD1C3454-31254154-3A7E'FF88F858E280 • f,;;, LtS t NICE And Green Cornniercial Floor Care Sery Ma to: Estimate 122 mcwomo Hwy*y Date: @omh21 2017 aumnumn.wo.2725 ' ' 336-380-427 For: Orange Co Asset MgmtiFreddy Brooks 131 W.Margaret Lane, Hillsborough, NC 27 27 Description Quantity Rate Amount Adult Da 103 Meadowlands Dr. sxoaunvnonuo,nmemvn�a,meuninomoxoo�� 1,800 $0.25 $450.00 We thank you for the opportuni and— Total $450L00 1/1 DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 pp „ • - , tol mate ,0,4'41''',';',A*uAtIktob;j6WPACAM' Y'-'? ' NICE And Green Commercial Floor Care Sery Mail to: Estimate No: 123 5104 S NC Hwy 49 Date: March 21, 2017 Burlington,NC.27215 336-380-4276 For: Orange Co Asset Mgmt/Freddy Brooks 131 W.Margaret Lane, Hillsborough, NC 27271 Description Quantity Rate Amount Adult Day 103 Meadowlands Dr. Strip and refinish of all VCT 1,000 $0.65 $650.00 Post burnish 1hr 1 $75.00 $75.00 We thank you for the opportunity,and appreciate your business. Total( $725.00 1/1 DocuSign Envelope ID:BD1C3454-B125-4154-BA7E-FF89F859E296 il.-1 Erie CERTIFICATE OF INSURANCE eitisLs,..` Insurances -THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY- MO Fps:ins Pi • E r'lt3 PA lEPL P7 CERTIFICATE HOLDER COPY NAME AND NUMBER OF AGENCY DATE ISSUED 09/01/20 THE HAAPER A6ENCH+ JJ 1156 16 1037 S MAIN ST NAME AND ADDRESS OF CERTIFICATE HOLDER SUPTUNSEMIEN , NTI 27210-5758 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 POUCY TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION DATE LIMITS OF INSURANCE GENERAL LIABILITY 0253121000 01/31/2016 01/31/2017 EACH OCCURRENCE S 10.000 nr, COMMERCIAL GENERAL LIABILITY UP OCCURRENCE FORM FIRE DAMAGE GENI AGGREGATE LIMIT APPLIES ' (Any one premrses) 1000000 PER POLICY 1 ' VOITINTARY PROPERTY DAMAGE MED EXP(Any 000 person) S 5000 PERSONAL ZS ADV INJURY $ 1000000 GENERAL AGGREGATE 'S 2000000 PRODUCTS COMP OP ACC)S. 2000000 BODILY INJURY , , AUTOMOBILE LIABILITY 0 1 00 63 0 7 3 7 'I 0/06/2016 10/06/2017 (EACH PERSON) 's 100000 ANY AUTO(OWNED,HIRED, BODILY INJURY ,), 300000 NON.OWNED) (EACH ACCIDENT( PROPERTY DAMAGE s opaao BODILY INJURY AND s PROPERTY DAMAGE COMBINED EACH OCCURRENCE AGGREGATE 220, 2 STATUTORY BODILY ACCIDENT $ EACH ACCIDENT INJURY DISEASE S ROMS LIMIT [ BS DISEASE S EACH EMPLOYEE DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CANCELLATION:SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BF 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(es)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). 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. AUL HORIZED REPRESEN TAT IVE UF-1008 0A/12 CIF DocuSign Envelope ID: BD1C3454-B125-4154-BA7E-FF89F859E296 Ac®RD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/10/2017 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//CNNo.Extl: (336)227-4271 FAX (336)222-9467 1037 S. Main St. E-MAIL ADDRESS:martha.dickerson @harperinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Burlington NC 27216 INSURERA:Penn National Insurance Company INSURED INSURER B:Erie Insurance Exchange 26271 Nice and Green Commercial Floor Care Services, LLC INSURERC: 5104 S NC Hwy 49 INSURERD: Burlington, NC 27215 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:CL1711007596 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER IMM/DD/YYYY) (MM/DD/YYYY1 LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR PREMISES SES Ea occurrence) $ 1,000,000 GL9 0733918 1/31/2017 1/31/2018 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRO PRODUCTS-COMP/OPAGG $ 2,000,000 X POLICY JECT- LOC OTHER: Automatic Additional lnsd $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) B ANY AUTO BODILY INJURY(Per person) $ 100,000 ALL OWNED SCHEDULED Q10-0630737 10/6/2016 10/6/2017 BODILY INJURY(Per accident) $ 300,000 AUTOS NON-OWNED PROPERTY DAMAGE $ 100,000 HIRED AUTOS AUTOS (Per accident) Underinsured motorist BI split $ 100,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 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) i Pik CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Fred Brooks ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough, NC 27278 AUTHORIZED REPRESENTATIVE /� i Martha Dickerson/MHD ' 4` A"' '�«"'�" S� ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401)