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HomeMy WebLinkAbout2013-378 AMS - Gonzalez Painters & Contractors - Painting Exterior Hand Rail at Seymour Senior Center $1,800 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$25,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 6th day of September, 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: September 6, 2013 through September 30, 2013. The Project Commencement Date shall be September 6, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: One Thousand Eight Hundred Dollars ($1,800.00) 3. SERVICES . ' Contractor agrees to provide the following construction services (the "Work"): Seymour Senior Center - 2551 Homestead Road, Chapel Hill, NC: Paint exterior metal hand rails outside of the building (see attached estimare dates July 18, 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(30) 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 r HEN h, Painters&Contractors,UX GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 www.fgpainting.com E 0"' T I A�l E Bill to: Paul Sorrel Date: Estimate#: JOB: 2500 Homestead Rd 7/18/2013 8301 Chapel hill Terms: Description: Amount: EXTERIOR Metal rails:Paint metal hand rails outside of the building 1,800.00 -Apply two coats of paint -Prep and sand areas as needed -Spot prime rust areas -Protect plants(do not cut) INTERIOR 550.00 Paint Stage floor Apply one coat of paint at floor porch (black) -Use Flat or Satin finish PAINTING Room 240:Paint walls and trim 450.00 Room 238:Paint walls and trim 285.00 Thank you for the opportunity to quote your job Total Page I ACOODATE(MMIDDIYYYY) V CERTIFICATE OF LIABILITY INSURANCE 08/19/2013 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 Donna Gilmore ME,CMA Insurance PHONE (704)795-4550 FAX (704)795-4559 45-C Odell School Road E-MAIL Concord NC 28027 donna @cma-insurance.com INSURER(S)A FORDING COVERAGE NAIC# INSURERA,Auto Owners Insurance Company 18988 INSURED SU Gonzalez Painters and Contractors,LLC N R C• 3518 Guess Rd INSURER D Durham NC 27705- NSURERE: INSURER F COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS A GENERAL LIABILITY 3569190013 1115/2013 01/15/2014 EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED 300,000 COMMERCIAL GENERAL LIABILITY CLAIMS-MADE FX OCCUR MED EXP An one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 T GEN'L AGGREGATE $ 2,000,000 E LIMIT APPLIES PER: X POLICY PRO- LOC - $ COMBINED SINGLE LIMIT A AUTOMOBILE LIABILITY 3569190013 1/15/2013 01/15/2014 _i.._-1,000,000 BODILY INJURY(Per person) $ ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS PROPERTY DAMAGE NON-OWNED $ X HIREDAUTOS X AUTOS $ 4AND BRELLA LIAR OCCUR EACH OCCURRENCE CESS LIAB CLAIMS-MADE AGGREGATE $ RETENTION A RS COMPENSATION 35056247 1/15(2013 01/15/2014 X WCSTATU- OTH- PLOYERS'LIABI LITY Y 100,000 IP ANY PROPRIETORARTNEWEXECUTIVE E.L.EACH ACCIDENT $ E $ OFFICER/MEMBER EXCLUDED? NIA 1!)0,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYE 500,000 If yes,describe under E.L.DISEASE-POLICY LIMIT FRATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION A1001661 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Orange County ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough NC 27278- AUTHORIZED REPRESENTATIVE e Fax:( ) _ ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD