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HomeMy WebLinkAbout2014-192 AMS - Gonzalez Painters and Contractors, LLC for SHSC & DSS Renovations $13,800 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 21 st day of April, 2014 by and between Orange County, North Carolina (hereinafter the "Owner") parry of the first part; and Gonzalez Painters and Contractors, LLC (hereinafter the "Contractor"),parry 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: April 28, 2014 through June 30, 2014. The Project Commencement Date shall be April 21, 2014. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Thirteen Thousand Eight Hundred Dollars ($13,800) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): (1) Hillsborough Commons/DSS - 113 Mayo Street, Hillsborough, NC: Move wall; relocate electrical, cables and lights as needed; build new wall with entrance; install new door; remove extisting flooring and install new flooring - $9.800 and (2) Southern Human Services Center/DSS - 2501 Homestead road, Chapel Hill, NC: Remove existing wood panel and install new window glass (single pane) - $4,00 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. Revised 9/13 1 5. RELATIONSHIP OF PARTIES 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. 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://oran eg copra nc.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 Revised 9/13 2 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 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 CONTRACTOR By Aw f BY County 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 ins M7�il een ap proved as to technical content. ILAI Jeffrey Tho pson, Department Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Chief Financial Officer This instrument has approved as to legal form and sufficiency. Office ofZeCounty Attorney Revised 9/13 4 FHlntPrs 8,Contractors,I_LC 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,North Carolina 8181 10/9/2013 8912 JOB: Social Services Center offices Terms: Description: Amount: INTERIOR FS Extend Office: 9,800.00 Move wall 13"feet back(includes windows) Relocated electrical,cables and lights as needed Build new wall with entrance Install new door Remove existing floor and install new flooring provided by owner(VCT) -Protect work areas to avoid damage to furniture and fixtures -Remove all job-related debris and materials and leave in broom-clean condition Work includes: -Demolition -Build new walls -Electrical and wire installation -Drywall -Install/Insert windows and doors -Ceiling adjustment -Paint/stain -Flooring I This quote includes permits fee NOTES: Job takes 10 working days after start date to complete Block work areas as needed MATERIAL AND LABOR INCLUDED Thank you for the opportunity to quote your job Tota $918000 I I Painters&Contractors,U. GONZALEZ PAINTERS & CONTRACTORS, LLC 3518 Guess Rd. Durham, NC 27705 P: 919-477-6058 www.fgpainting.com ESTIMATE Bill to: Date: Estimate #: ORANGE COUNTY 3/21/2014 9812 Job; Souther Human Services Terms: Description: Amount: INTERIOR F Remove existing carpet and install new VCT the including Cove base 3,200.00 Match existing floor of the rest of the building -Sweep,vacuum and mop the floor first to remove all dirt and dust. -Lay out the tiles to create your pattern. -Cut the border tiles. -Snap chalk lines to guide you during the installation. -Install the tile according to the pattern you have chosen. -Install the VCT tiles using the chalk lines as a guide.. -Use a roller to ensure a good bond between the tile and the floor.Apply pressure evenly across the face of the tile. -Apply pressure to the tile to promote a solid bond between the floor and the tile.Use a J-roller or your hands and exert pressure over the entire surface of the tile. Remove existing wood panels and install new window glass(single pane) 800.00 -Remove wood panels and haul away ALL WORK INCLUDES: -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 i 4 000.00 Thank you for the opportunity to quote your job Total $ ® DATE(MM/DDIYYYY) AC40R L7 CERTIFICATE OF LIABILITY INSURANCE 04/10/2014 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). CONT PRODUCER NAMEACT EDUARDO MARTINEZ AAI-WHITEHURST INSURANCE AGENCY A, No t 919-491-5557 A,c No; 919-479-8200 2605 GUESS ROAD AbMDRIESS: MARTIE50 @NATIONWIDE.COM DURHAM,NC 27705 INSURERS AFFORDING COVERAGE NAIC#_ INSURERA. AUTO OWNERS INSURANCE COMPANY 18988 INSURED INSURER B: GONZALEZ PAINTERS AND CONTRACTORS,LLC INSURER C: 3518 GUESS ROAD INSURERD: _ DURHAM,NC 27705 INSURER E: gonzalez_painters @frontier.com 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. _EFF INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDYIYYYY MM/DD//YYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A 1 CLAIMS-MADE OCCUR 35691900 01/15/201401/15/2015 DAMAGES RENTED $ 300,000 PREMISES(Ea occurrence) MED EXP(Any one person) $ 10,000 GENERAL AGGREGATE $ 2,000,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - u PRO- ❑ PRODUCTS-COMP/OP AGG $ 2,0005000 OTHER: POLICY JECT LOC $ COMBINED SINGLE LIMIT $ AUTOMOBILE LIABILITY Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS - NOWOWNED PR Per OPTY t DAMAGE $ acdd ERen HIRED AUTOS AUTOS $ I UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _. ;L EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ _ $ WORKERS COMPENSATION STATUTE ERH AND EMPLOYERS'LIABILITY A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 35056247 01/15/2014 1/15/2015 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? ® NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION a County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Oran g ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN psorrell @orangecountync.gov ACCORDANCE WITH THE POLICY PROVISIONS. nfinnell @orangecountync.gov AUTHORIZED REPRESENTATIVE EDUARDO MARTINEZ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD