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Home My WebLink About2013-379 AMS - Gonzalez Painters & Contractors, LLC Painting & Carpentry Work F Battle Courtroom/New Courthouse NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 30th day of August, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Gonzalez Painters & 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: August 30, 2013 through September 30, 2013. The Project Commencement Date shall be August 30, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Seventeen Thousand Four Hundred and Fifty Dollars ($17,450.00) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): Carpentary/Painting work at F. Battle Courtoom/New Courthouse as outlineed in the attached estimare dated August 20, 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 1 Contractor is an independent Contractor of the Owner. Contractor represents that it has or will secure, at its own expense, all personnel required in performing the construction services 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. Revised November 2011 2 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 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. Frank W. Clifto , anager Gonzalez Painters & Contractors, LLC 200 S. Cameron St. 3518 Guess Road P.O. Box 8181 Durham,NC 27705 Hillsborough,NC 27278 This instrument has been approved as to technical content. qla� ��L.-._ - Jeffrey-Thompson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. fit o,,, A . AM41 Office of the Finance Officer This instrument hass be proved as to legal form and sufficiency. Office,4 the County Attorney Revised November 2011 3 -AdEFLA. Painters, ontracors. GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 www.fgpainting.com ESTIMATE Bill to: ORANGE COUNTY Date: Estimate #: Wayne Fenton P.O BOX 8181 8/20/2013 8554 Hillsborough,NC 27278 JOB; Battle court Terms: Description: Amount: INTERIOR; MAIN ROOM; Remove existing panel wood boards at two sides of the room(demolition) 650.00 Install new insulation at all areas as needed(new drywall areas) 1,750.00 f Install new Vapor Retarder from top of wall to bottom(only at drywall areas) 1,800.00 Install flexible flashing at door and window openings. Install gypsum wallboard over all areas of completed vapor retarder 2,500.00 Finish all drywall(level 4)and leave ready for paint. Skim coat other existing walls Re install new wall wood panel boards at two side walls(above chair rail)match existing design 2,500.00 Re install fabric panels Install baseboards and trim pieces as needed Prime and paint walls and trim(one coat of primer and two coats of paint) 3,800.00 Includes New wall panel boards,Drywall and trim boards Except windows. Calk and prep areas needed BACK ROOM; Install new insulation at all areas as needed(new drywall areas) 850.00 Install new Vapor Retarder from top of wall to bottom(only at drywall areas) 700.00 Install flexible flashing at door and window openings. Install gypsum wallboard over all areas of completed vapor retarder 1,200.00 Finish all drywall(level 4)and leave ready for paint. Install baseboards and trim pieces as needed 700.00 Prune and paint walls and trim(one coat of primer and two coats of paint) 1,000.00 Caulk and prep areas needed NOTES; THIS QUOTE INCLUDES MATERIALS AND LABOR FOLLOW SCOPE OF WORK PROVIDE BY 5TH WALL BUILDING CONSULTANTS Total $17,450.00