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HomeMy WebLinkAbout2015-228-E AMS - Eloy Alvarez dba Galeanas Painting for pressure washing, check caulking, repairing columns & painting entrances at 131 & 137 W Margaret Lane $3,310 DocuSign Envelope ID:C9AF5D7E-E8F1-4FC2-8917-EA301453E701 NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENTUNDER$50,000 ORANGE COUNTY ,THIS CONSTRUCI I ION AGREEMENT (hereinafter "Agreement"), is made and entered I into this 20th day of May, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") party of the first part; and Eloy Alvarez dba Galeanas Painting (hereinafter the "Contractor"), party of the second part; w IT N E S S E TH: 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: May 20, 2015 through June 30, 2015. "Me Project Commencement Date shall be May 20, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: three thousand three hundred ten dollars ($3,3 10) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): pressure washing, chekcing the caulk around the box and crown molding, repairing the columns, and painting all entrance areas for 131 and 137 W Margaret Lane,per provided proposal, 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 onriissions, 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 Conti-actor. 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 in invoice until the parties resolve the dispute. In addition, should Contractor flail 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. S. RELATIONSHIP OF PARTIES Revised 10/14 DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 Conti-actor 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 ClUalified 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. 74 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 littp://oran�,,ecouiitync.gov/ urchasi ng/contracts.asp). If Owner's Risk Manager determines ,additional insurance coverage is required such additional insurance shall be designated here (if no additional insurance required mark N/A as being not applicable). Contractor shall not commence construction work until Such insurance is in effcct and certification thereof has been received by the ()wner's Risk Manager. 8. INDEMNIFICATION Contractor agrees to defiend, 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. Contractor is responsible for all errors or orris ions caused by its agents, contractors, employees, or assigns in the performance of this Agreement. 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 10/14 2 DocuSign Envelope ID:C9AF5D7E-E8F1-4FC2-8917-EA301453E701 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. II. DIGITAL SIGNATURES This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article I I A and Article 40 of North Carolina General Statute Chapter 66. 12. ENTIRE AGREEMENT The parties have read this Agreetnent 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 ofthe Agreement between the parties unless and Until modified by a written amendment to this Agreement signed by the parties. Modifications may be evidenced by telef-'acsimile signatures. Should any conflict arise in the terms of any documents referenced herein and this Agreement the terms olthis Agreement shall be given priority kind shall control over all other such documents. Should as request for proposals and a proposal be referenced the terms of the request for proposals steal I 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 ofthe State of North C arol ina and any action brought tinder this Agreement shall be brought in the General Court of Justice of the State ol"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-discriinination laws. ISIGNATURE PAGTE TO FOLLOW] Revised 101H 3 DocuSign Envelope ID:C9AF5D7E-E8F1-4FC2-8917-EA301453E701 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 DocuSigned by: DocuSigned by: By By Coup Agff 477— Eloy"A�&&PEYBN Galeanas Painting, 200 S. Cameron St. 5515 W Market St,Apt 1806 P.O. Box 8181 Greensboro,NC 27409 Hillsborough,NC 27278 Revised 10/14 4 DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 Galeanas Painting 5515 West Market Street,Apt 1806 Greensboro, NC 27409 336-324-5820 RE: Proposal for Orange County Government Attn: Paul Sorrell,Asset Management Services West Campus Office Building, Orange County Library Pressure washing, checking the caulk around the box and crown molding, repairing the columns, and painting the all entrance areas for both the library and the office building. Total Proposed Price: $3310.00 ECEIVE MAY' 19 2015 DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 ,y'�.,-...�*s ALVAR54 OP ID: DF 14^x."t'",,. DATE CMMIDSdIY'`YY'p CERTIFICATE OF LIABILITY INSURANCE F 1 0511912015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOE'S 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 air ADDITIONAL INSURED, the poldcy(lesi 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 CIOS Inc COITICT Main Street America Group o NAME EEE 671 –._-1-11111-P- Pr�oNE -- Po Box 20068 -, tic:NPl t3�51a-332477E Southern Region 1AIC No Keene,NH 0'3431 _... r msa Irau Cram _ADDRESS:.servicecent,,.,, _..___ P . ........_..�..._-,. ---_...._. Northeast Agencies Inc INSURERIsI AFFOROINC COVERAGE LAIC a _.__. __ ......... ....._.m _.... INSURER A.Main' Street America Assurance 29939 __.._ _......_.... WNSURED Eloy Alvarez DBA INSURER B: Galeanas Painting .. ___._.. ..___. ..... _ 5515 W Market St Apt 1806 INSURER r Greensboaro,NC 274179-25'55 IaSURERD INSURER E 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 INDI CATED, 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. INSRT....... ------_---------_ -........w'AID SUM ._,_....._,__.._. . ' LTR TYPE OF INSURANCE POLACY'NUMBER _ Ma.MAfDDPYYYY)l MM(C3rkPYYYY L.INiRa A X COMMERCIAL GENERAL LIABILITY EACH Ghr v^G.fPPEaNq„IE ^S ; ' 1,0..,.0,._0. ,00 �„ T;ELR ? MPU1371P tP02f20115 014102'1201'6 2016 500,000 _._..._.............. MTlED EYR I Any on,)Na¢rsa,fq 'I 10,00 _ .... PERSONAL&sr l INJURY__ .._t _1_-,_0_'1_.0., 00 GE N1 A.,.rEGA I LMIT ALMLIES PEI LNF RAI. AGERFGRU'L' z 2,CXOLt,00... F,wI. 6 r�,_aLIL.Y rr+.T � .. p.ry PRODUCTS � Iallaar AcG t 2,000,00 ari IEFI' AUTOMOBILE LIABILITY" COMVIPI rL7SINGLE l mi'T $ E nrraArmn�. ... ......... A, AUT': P iCR Y III AJRY QF afi{, r.aE S ..... __ ...........--- _. SCHEDULED AI tar'. NOS, %NNE.`;� 'ilL'M pB'�—D,A, 4{"'JE' i r a99 u PO tliPE AJ1i0S rT Y JFtN 9I"iAMatAa di S UMBRELLA LIAB... u.r"tIJGt I:ACHr.'aCCa.RRENCF 9E EXCESS LIA,e J {;LXJ G-MAAfCE AQT,MCP,,A f T ETa wraT ON t I WORKERS COMPEINSA71ON PER AND EMPLOVERS LIABILITY A MNA' irr€i ¢P`I Aaarrarar dL rra.t'ttwE YIN WCU1'371P 04102f2015 0410212016 r 1, q Aa HAS '.'ICENr 6 1'0p 00 aPk fCAP'I4JI JC..�F I NIA ___.... ... .. .,._....... (Mandatory In NH) ..._. E L D) EASE..EALnAY LGYE EI y 100,00 Ih"t rI swbii Incier -..-._ _ t.'L SC RuI TIFdN Q F UFIE,RA.T P J'rw 11+'rI�AN E C .EASE.P(YLI r'LlBw 00,000 DESCRIPTION OF OPERATIONS P LOCATIONS 4 VEHCLES, I'ACORD"IO',Addbkiona4 Rom arks Schedule,may be aatlAdTed I'r more space is megr.alredl Orange County is named as Additional Insured, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED, IN Orange County ACCORDANCE WITH THEPOLICY PROVISIONS, Pro BO'x 9181 HilisbrDugh, NC 27278 AUTHORITEDREPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 The Main Street America Group 55 West Street Return Mail Address Keene, NH 03431 NORTHEAST AGENCIES INC CL SC AGENT' NUMBER: 314026 640 MAIN STREET SUITE 104 WILLIAMSVILLE NY 14221 INSURED COPY DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 The Madn Street America Group 55 West Street Return Mail Address Keene, NH 03431 L,0 n" DBA:GALEANAS PAINTING 5515 W NlARKET ST APT 1806 GREENSBORO NC' 27409-2555 DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 POUCYMITING INDEX NAI,N 5132E]' r-"r.-RIC 3 i"_SISIUR.,MCZ. ("C941AY-1 INSURED ID POLICY NUMLILP PREVIOUS POUGY NWBER EFFECTIVE DATE LXPIKATION DATE ',0 4'?9 2',3 3IFIM313p I NE M' 2015 c44)2-2" NAMEDINSURFD UOY ALVAREZ MISCELLANEOUS INFORMATION 'TRANSACTION INFORMAHON BILL TYPE D-RMT TRANS.TYPE P ',ORSRWNT BILL PLAN TRANS.SEC,# U OPERAICR I.D. I)FRAZIER, DATE PROCESSED 9-2011, Ww 1.0, TRANS.DATE Cat-1.93®1b �,MCXIM CODE ENDORSWEN"! # SIC COIDE CANCIREIN REASON OFFICE CODE OrrICE NAME WORK PHONE 4 OTHER PHONE* NAME OF CONTACT LINE OF BUSINESS/COMMIS&ONS: LINE OF BUSINESS COMMISSION% Im FULL ANNUAL PREMIUM BILLED PREMIUM W1 CWRGE' NAMED INSURED MAILING ADDRESS AGENT INFORMATION CODE 31 w0P% INC C- SC 6467 MA-I" "7REF7 'WTTE �04 r,,511� W �APXFT S7 NPT 1�06 GREENb, K-'RQ M.", 2'T 4097 9�-."x'53 W I L 1,1 AW'V 11,LE NY 14221 ASSEMBLY INFORMATION STAMPS/STICKERS SPECIAL INSTRUCTIONS MAILING INSLHUCI IONS INSURED Copy 000uSign Envelope ID:oeAFnorE'snF1-^Fou-8e1r'EAnn14nnErn1 POLICYMIT'ING INDEX INSUREDID POLICY NUMBER PREVIOUS POLICY NUMBER EFFECTIVE DA-FE-EXP[RAT ION DATE 1047925 MPU13,71P 14EW 014-02-2111, 04 02-2016, COMPUTER PRCDUCED FORMS BP�,� S FORMS 12-C7 SCHEDULE OF" FORMS AND ENDORSFMENTS BPM S AI 12-07 ADDITIONAL INSURED SCHEDUIX B? 04 52 011-06, AI-STATE OR POLITICAL SUBDIV-PERMI'FS INSURED COPY DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 Iff1b, Policy Number: MPU1 371 P MAPS� SrREL'r THIS ENDORSEMENT CHANGES THE POLICY AMERKA PLEASE READ IT CAREFULLY GROUP BUSINESSOWNERS POLICY CHANGE ENDORSEMENT MAIN STREET AMERICA ASSURANCE COMPANY I End No. 0 0 4 Named Insured. ELOY ALVAREZ Endorsement Effective Date: 05-1,9 Agent Narne: NORTHEAST AGENCIES INC CL SC Agent N a 314026 This endorsement will not be used to decrease coverages, increase rates or cleductbles or alter any terms or conditions of covers unless at the sole re nest of the insured, BUSINESSOWNERS POLICY CHANGE DESCRIPTIONS THF POLICY IS ,AMENDED AS FOLLOWS * THE F01,1,0WING ADDITIONAL IN­FEREST (,LIAR-S'FATE', OF, POLITICAL SUBDIVISIONS - PERMI'J'S) HAS BEEN ADDED "1'0 THE POLICY: ORANGE COUNTY PO BOX 8181 HILLSBOROUGH, NC 27278-8181 ALL OTHER TERMS AND CONDITIONS REMAIN THE SAME The changes described result in a change in prerrdurn as follows: Ej No Changes 1[-] To be Adjusted at Audit I additional NO CHARGE, Return NC) CHARGE Changes in Taxes,, Fees and Surcharges Additional Return Countersigned By: AUTHORIZED AGENT BPM CHANGE 0197 INSURED UPY DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 `nIE MAN PolicylNumber: MPU1371P ST R F El AMERICA GROLT SCHEDULE OF FORMS,AND ENDORSEMENTS MAIN STREET AMERICA ASSURANCE COMPANY Named Insured: ELOY ALVAREZ Effective Date: 04-02-201.5 Agent Name: NORTHEAST AGENCIES INC CL SC Agent No. 31.4:72 6 Endorswent Number:004 Endorsement Effecfive Date: 05-19-15 PROPERTY AND LIABILITY FORMS AND ENDORSEMENTS �BPM S FORMS 12-07 SCHEDULE OF FORMS AND ENDORSEMENTS BPM S Al 12-07 ADDITIONAL INSURED SCHEDULE BP 04 52 0106 AI-STATE OR POLITICA1, SUL BDIV-PERMITS FORM-SCHED 1207' INSURED COPY DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 THE MAIN Policy Number: MPU1 371 P SI`REEr AMERICA GROUP ADDITIONAL INSURED SCHEDULE MAIN STREET AMERICA ASSURANCE COMPANY Named Insured ELOY ALVAREZ Effective Date: 04-02-2015 Agent Name NORTHEAST AGENCIES INC CL SC Agent No. 314026 Endorsement Number:004 Endorsement Effective Date: 05-19-15 Form Number Form Title BP 04 52 ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS ORANGE COUNTY PC BOX 8181 HILLSBOROUGH, NC 2-72'78-8181 BPN!S Al 12 07 INSURW COPY DocuSign Envelope ID: C9AF5D7E-E8F1-4FC2-8917-EA301453E701 POLICY NUMBER:M PU 13 7117' BUSINESSOWNERS BP 04 52 01 06 THIS ENDORSEMENT CHANIGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following" BUSINESSOWNERS COVERAGE FORM SCHEDULE State Cr Political Subdivision: See BPM S At Information r2quired to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph C. Who Is An b. This insurance does not apply to: Insured in Section It—1-tability: (1) "Bodily injury", "property damage" or "per- 3. Any state or political subdivision shown in the sonal and advertising injury" arising out of Schedule is also an insured, subject to the f6low- operations performed for the state or mu- in provisions: nicipality; or a. This insurance applies only with respect to (2) "'bodily injury" or "'property damage" in- operations performed by you or on your behalf chided within the "products-completed op- for which the state or political subdivision has erations hazard". issued a permit. BP 04 52 01 06 0 ISO Properflos, Inc., 2004 Page 1 of 11 INSILHED COPY