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Home My WebLink About2013-446 AMS - Gozalez Painters & Contractors LLC work on Animal Services Building $2,800 -1 - NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 31 st day of October, 2013 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Gonzalez Painters & Contractors, LLC (hereinafter the "Contractor"), n_iwty of the second par+; 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 tbF Contractor agree-- to provide the construction services to t1. -f:: in accordance- wit? the terms :f tr:..� .green-..Tit. 1. TERM Beginning and ending dates of contract: October 31, 2013 through Novermber 30, 2013. The Project Commencement Date shall be October 31, 2013. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Two Thousand Eight Hundred Dollars ($2,800) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): per attached estimare dated 10/2/13: Animal Services Building - 1601 Eubanks Road, Chapel Hill: Light power wash and stain exterior wall at front of building. Contractor ;-all not sub-cont=act all or any part of the construction services provided for in this Agreement without prig-written approval of the Owner. Contractor shall be responsible for all errors or omissions, in the petformance 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. RELATIO.NTSHIP OF PAR17IEC Revised 9/13 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. This or any other written notice shall be delivered via certified mail, return receipt requested to the parties at the addresses as shown on the signature page to this Agreement. 7. INSURANCE REQUIREMENTS Contractor shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers' Compensation Insurance, and any additional insurance as may be required by Owner'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://oranaecopplync..gov/purchasing/contracts.asp). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 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 full 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. Revised 9/13 2 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 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. E-VERIFY Pursuant to the terms of North Carolina General Statute 153A-449(b) no county may enter into a contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Contractor's breach of this Agreement. By executing this Agreement Contractor affirms Contractor is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 12. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it, together with specifically referenced documents, 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. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms of this Agreement shall be given priority and shall control over all other such documents. Should a request for proposals and a proposal be referenced the terms of the request for proposals shall have priority over the terms of the proposal. 13. COMPLIANCE WITH LAW/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. 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 anti-discrimination laws. [SIGNATURE PAGE TO FOLLOW] Revised 9/13 3 IN WITNESS WHEREOF Orange County and the Contractor have signed this agreement, effective as of the day and date first above written. ORANGE T CONTRACTOR By By. --� CoAty anage Gonzalez Painters & contractors, LLC 200 S. Cameron St. 3518 Guess road P.O. Box 8181 Durham,NC 27705 Hillsborough,NC 27278 919-477-6058 This instrument has been approved as to technical content. awwl�i__7 It �(r--- Jeffrey ompson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. e1� " ze J� /JU�11 Office of the Chief Financial Officer This instrument bas jbeen approved as to legal form and sufficiency. ice of the County Attorney Revised 9/13 4 45o""Ieje GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 www.fgpainting.com ESTIMATE Bill to: Asset Management Services Date: Estimate #: PO BOX, 8181 10/2/2013 8856 North Carolina JOB: Animal Services Terms: Description: Amount: EXTERIOR F Light power wash and Stain exterior walls at front of the building 2,800.00 -Apply one coat of stain(match existing color) -Protect work areas to avoid damage to furniture and fixtures -Remove all job-related debris and materials and leave in broom-clean condition MATERIALS AND LABOR INCLUDED Thank you for the opportunity to quote your job Total $2,800:00