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
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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
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INSURER A.Main' Street America Assurance 29939
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WNSURED Eloy Alvarez DBA INSURER B:
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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
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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
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SIC COIDE CANCIREIN REASON
OFFICE CODE
OrrICE NAME
WORK PHONE 4
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NAME OF CONTACT
LINE OF BUSINESS/COMMIS&ONS:
LINE OF BUSINESS COMMISSION%
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FULL ANNUAL PREMIUM
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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