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Home My WebLink About2013-164 AMS - Gonzalez Painters & Contractors LLC for Roof Replacement NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 3rd day of June, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Gonzalez Painter & Contractors, LLC (hereinafter the "Contractor"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the Owner hereby contracts for the construction services of the Contractor, and the Contractor agrees to provide the construction services to the Owner in accordance with the terms of this Agreement. 1. TERM Beginning and ending dates of contract: June 3, 2013 through June 30, 2013. The Project Commencement Date shall be June 3, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Sixteen Thousand Three Hundred Dollars ($16,300) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Roof Replacement at Efland Community Center - 117 Richmond Road, Efland,NC. and Roof Replacement at Public Works Administration Building- #600 Highway 86 North,Hillsborough, NC - as outlined in the attached proposal dated May 2, 2013. Contractor shall not sub-contract all or any part of the construction services provided for in this Agreement without prior written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the performance of the Agreement. Contractor shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to Owner. 4. PAYMENT Contractor shall submit an invoice for construction services provided. The invoice shall contain Contractor's name and federal tax identification number and shall be signed and dated by an officer of Contractor. It shall detail all construction services provided in payment requests. The Owner will make payments to Contractor within thirty (30) days after receipt of and approval of the invoice by the contracting department. In the event the amount stated on an invoice is disputed by Owner, then Owner may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. In addition, should Contractor fail to perform its duties under the terms of this Agreement, Owner may, without fault or penalty, withhold any payment associated with the Work to be performed until such time as said work is completed. 5. RELATIONSHIP OF PARTIES Revised November 2011 under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the Owner. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such construction services. It is further agreed that Contractor will obey all State and Federal statutes, rules and regulations which are applicable to provisions of the construction services called for herein. Neither Contractor nor any employee of the Contractor shall be deemed an officer, employee or agent of the Owner. 6. TERMINATION This Agreement may be terminated by Contractor upon thirty (3 0) days' written notice to the Owner, and the Owner may terminate this agreement upon thirty (30) days' written notice to Contractor. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, all insurance as required in the Owner's risk management policy and shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. Such insurance shall name the Owner as Additional Insured under both General Liability and Auto Liability policies. 8. INDEMNIFICATION Contractor agrees to defend, indemnify, save and protect Owner and Owner's lender, if any, harmless from and against any and all claims, liens, liabilities, losses, damages, causes of action, and expenses (including court costs and reasonable attorney's fees related thereto) arising out of, in connection with, or resulting from any negligence, act or failure to act by the Contractor, the Contractor's agents, assigns or employees related to the Work. It is the intent of this section to require Contractor to indemnify the Owner to the extent permitted under North Carolina law. 9. NON-ASSIGNMENT Contractor shall not assign all or any part of this Agreement, including rights to payments, to any other party without the prior written consent of the Owner. 10. NON—APPROPRIATION Contractor acknowledges that Owner 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 Owner's obligations under this Agreement, then this Agreement shall automatically expire without penalty to Owner immediately upon written notice to Contractor of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non- appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects Revised November 2011 2 Owner's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to Owner upon written notice to Contractor of such limitation or change in Owner's legal authority. 11. ENTIRE AGREEMENT 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 by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telefacsimile signatures. 12. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and any action brought under this Agreement shall be brought in the General Court of Justice of the State of North Carolina in Orange County. IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE COUNTY CONTRACTOR By By Franlr,w. Cli anager Gonza(ez Painters & Contractors, LLC 11 200 S. Cam on St. 3518 Guess Rd. I P.O. Box 1871 Durham,NC 27705 Hillsborough,NC 27278 This instrument has been approved as to technical content. Jeffrey T Aj6n, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. U444,, . J. /L-- Office of the Finance Officer This instrument has been approved as to legal form and sufficiency. Office Kf the C%unty Attorney Revised November 2011 3 GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 www.fgpainting.com E AT �F= Bill to: Paul Sorrel Date: Estimate#: 600 Highway 86 North 5/2/2013 7710 Hillsboro NC 27278 Terms: Description: Amount: EXTERIOR Remove and replace entire roof of the house 7,000.00 -Use roof 25-years.(LANDMARK) -Remove all existing shingles,deposit them in a roll-off,and remove -Check plywood for repairs(3 sheets max including on the estimate)or make minor repairs on roof if in good condition -Lay down asphalt paper. -Apply the shingles-starting at the eaves and working upward. -Include starter shingles around all of the edges -Hand nail/gun nail shingles -Include 15 pound underlayment -Apply flashing around all areas where leaks might come into the house-against the chimney,stack vents,etc. -Install ridge vents if any -Warranty is included for 3 year full cover -Remove all job related debris and materials and leave in broom clean condition. MATERIALS AND LABOR INCLUDED NOTES: Up to three plywood sheets(4x$) Additional sheets$100 each Thank you for the opportunity to quote your job Total $7,000.00 Painters Contractors,11T. GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 www.fgpainting.com Bill to: Date: Estimate#: Paul Sorrel JOB: 117 Richmond Rd 5/2/2013 7711 Eflan NC 27302 Terms: Description: Amount: EXTERIOR ROOF REPLACEMENT 9,300.00 Remove and replace entire roof of the house -Use roof 25-years.(LANDMARK) -Remove all existing shingles,deposit them in a roll-off,and remove -Check plywood for repairs(3 sheets max including on the estimate)or make minor repairs on roof if in good condition -Lay down asphalt paper. -Apply the shingles-starting at the eaves and working upward. -Include starter shingles around all of the edges -Hand nail/gun nail shingles -Include 15 pound underlayment -Apply flashing around all areas where leaks might come into the house-against the chimney,stack vents,etc. -Install ridge vents if any -Warranty is included for 3 year full cover -Remove all job related debris and materials and leave in broom clean condition. MATERIALS AND LABOR INCLUDED NOTES:Additional Plywood will be charged$I00 each Thank you for the opportunity to quote your job Total $9,300.00