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Home My WebLink About2013-452 AMS - Gonzalez Painters painting 2551 Homestead Rd Interior of Wellness Center $950 �q rn 5 [Departmental Use Only] TITLE Wellness Rm Painting FY 2014 ORANGE COUNTY CONTRACT UNDER$1,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 31 st day of October,2013, ("Effective Date")by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Gonalez Painters and Contractors, LLC (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 and/or construction (hereinafter referred to collectively as"Services") to be furnished under this Agreement are as follows: Seymour Center- 2551 Homestead Road, Chapel Hill, NC: Paint interior of the Wellness Center-as outlined in the attached estimate dated 10/16/13. The term of this agreement rendered shall be from October 31,2013 to November 30, 2013. 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. Pae: 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 Nine Hundred and Fifty Dollars, ($950.00). 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 Provider, 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 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 Last modified 9/13 1 incorporated herein by reference and may be viewed at http://orang_ecoun nc. og_v/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). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the Owner'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 in carrying out Provider's duties and obligations related to the Services to be provided in this Agreement. 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. 7. 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 in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law:aw_Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. 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 Provider's breach of this Agreement. By executing this Agreement Provider affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 10. 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 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] Last modified 9/13 2 IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COUNTY PROVIDER By: f- C i�-•- By: De\pktnient Director Title:.—� 200 S. Cameron St. Gonzalez Paintes&Contractors,LLC P.O.Box 8181 3518 Guess Road Hillsborough,NC 27278 Durham,NC 27705 This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. a� C" /'J. jd�' Office of the Chief Financial Officer This inst ment h"en approved as to form and legal sufficiency. � f ice of the County Attorney Last modified 9/13 3 liw 4gO"Aff/AeZ Painters& ntracite",Imo€` GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 AffM www.fgpainting.com ESTIM#�&TE Bill to: Date: Estimate#: Asset Management Services PO BOX,North Carolina 8181 10/16/2013 8953 JOB: WELLNESS CENTER Terms: Description: Amount: INTERIOR F WELLNESS CENTER 950.00 Entrance wall to the wellness: Paint metal door frame and border 7 inches around frame,accent color. Interior wall by the desk: Paint entire wall(gray wall)different color and paint metal door frames including border 7 inches around frame,accent color. -Apply two or three coats as needed -Repair cracks and holes as needed -Use Behr paints -Protect work areas to avoid damage to furniture,plants,etc -Remove all job-related debris and materials and leave in broom-clean condition MATERIALS AND LABOR INCLUDED NOTES:Repair drywall holes at left entry wall and touch-up paint (No charge) COLORS:Wall:green GLG03 Accent:Orange GL009 Thank you for the opportunity to quote your job Total $950.00 A�� C DATE(MMIDDIYYYY) �� ERTIFICATE 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(les)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 coNTACr Donna Gilmore CMA Insurance 45-C Odell School Road PHONE . (704)795-4550 FAx (704)795-4559 Concord E='L donna@cma-insurance.com NC 28027 E RM)AFFORDING C CS ANSLIRERA,Auto Owners Insurance Company 18988 INSURED Gonzalez Painters and Contractors,LLC INSURER C 3518 Guess Rd Durham NC 27705- s 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 SUER POLICY EFF POLICY EXP LTR LIMITS A GENERAL LIABILITY 3569190013 1/15/2013 1/15/2014 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 nrA CLAIMS-MADE a OCCUR MEDEXP A ny one Person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2.000,000 X POLICY PRO. LOG $. A AUTOMOBILE LIABILITY 3569190013 1/1512013 1/15/2014 C.OM&NED SINGLE LIMIT 1,000,000 ANYAUTO BODILY INJURY(Per person) $ ALL AUTOS OWNED SCHEDULED BODILY INJURY(Per accident) $ Ix HIRED AUTOS r AUTOS PROPERTY PROPERTY DAMAGE $ It UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE AGGREGATE A WORKERS COMPENSATION 35056247 1/15/2013 1/15/2014 X 142,s rATU- oTH- ANO EMPLOYERS'LIABILITY Y l N ! ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? u NIA (Mandatory In NH) EL DISEASE-EA EMPLOYEE 100,000 If yes,describe under 500,000 ON OF OPERATIONS below EL DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks S0heduN,It more space Is required) CERTIFICATE HOLDER CANCELLATION A1001661 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Orange County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 9 ty ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 8181 Hillsborough NC 27278- AUTHORIZED REPRESENTATIVE Fax:( ) 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD