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Home My WebLink About2015-345-E DEAPR - Hansell Painting Co, LLC to remove paint and repaint front porch at Blackwood Farm $4,064 DocuSign Envelope ID:41A7B1F9-5095-475D-BEDD-BA78B97467EF NORTH CAROLINA CONSTRUCTION SERVICES AGREEMENT UNDER$50,000 ORANGE COUNTY THIS CONSTRUCTION AGREEMENT (hereinafter "Agreement"), is made and entered into this 15th day of July, 2015 by and between Orange County, North Carolina (hereinafter the "Owner") parry of the first part; and Hansell Painting Co. (hereinafter the "Contractor"), party 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: July 15th, 2015 through September 30th, 2015. The Project Commencement Date shall be July 20th, 2015. 2. MAXIMUM AMOUNT PAYABLE Dollar Amount Not to Exceed: Four Thousand Sixty Four($4,064) 3. SERVICES Contractor agrees to provide the following construction services (the "Work"): 1. Remove all loose flaking and peeling paint from front porch of Blackwood Farm House (located at 4215 Highway 86 South),prepare surfaces, and repaint porch ceiling and posts. 2. Cover work area, front door and windows with plastic as per EPA RRP rules for lead paint 3. Scrape all loose paint using wet method then sand with HEPA vac attached per EPA rules 4. Wash all surfaces to be painted, allow to dry,then prime with specified primers 5. Caulk then paint with 2 coats Sherwin-Williams SuperPaint, using specified color 6. Lightly sand new porch floor, apply 2 coats Sherwin-Williams paint to floor and skirt 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 Revised 10/14 1 DocuSign Envelope ID:41A7B1F9-5095-475D-BEDD-BA78B97467EF 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. 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 cogDtync.goy/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. Contractor is responsible for all errors or omissions 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 Revised 10/14 2 DocuSign Envelope ID:41A7B1F9-5095-475D-BEDD-BA78B97467EF 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. 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. 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 IA and Article 40 of North Carolina General Statute Chapter 66. 12. LIVING WAGE Contractor shall pay, at minimum, a living wage to each of its employees engaged in performing the work contemplated by this Agreement. For purposes of this paragraph the hourly rate of a living wage is that amount set annually in the Orange County Budget. 13. 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. 14. 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. Revised 10/14 3 DocuSign Envelope ID:41A7B1F9-5095-475D-BEDD-BA78B97467EF 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 ---DocuSig ned by: ---DocuSigned by: By j6V�.LU_ ( A MIMt V7 /2015 By �nit�%� a sc�` 7/16/2015 Court er=477... Philip H 114,111.38714486- 200 S. Cameron St. Hansell Painting Co. LLC P.O. Box 8181 606 United Drive Hillsborough,NC 27278 Durham,NC 27713 Revised 10/14 4 DocuSign Envelope ID:41A7B1F9-5095-475D-BEDD-BA78B97467EF LIABILITY INSURANCE ACORD DATE(MMaonrYYYY) sM 7/09/15 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Crismond Insurance Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 8470 Falls of Neuse Road,Suite 206 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Raleigh,NC 27615 (919)870-1120 j INSURERS AFFORDING COVERAGE NAIC# INSURED INSUI RRa_Erie Insurance Exchange ...... Hansell Painting LLC ;INSURER B: 217 Pineview Road i INSURER C: Durham,NC 27707 __.__........._ INSURER D: I INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLA€MS, INSR RDD`L --...__.........................-_-- POLICY NUMBER --- POLICY EFFECTIVE POLICY EE�XPIRATION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ? Q37 0157277 01101/2015 01/01/2016 —! AMAu tQ __. I X COMMERCIAL GENERAL LIABILITY i PREMISES Eaoccurance $ 1,000,000 _._..._ A CLAIMS MADE OCCUR ! i MED EXP(Any.one person) .$__5,000 j PERSONAL&ADV INJURY $ 1,000,400 GENERAL AGGREGATE i$ 2,000.000 �-� ................................................I.............. GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG 1 $ 2,000,000 PRO- HOC POLICY - i AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO Q01 0141456 101,101,12015 01/01/2016 (Ea accident) ALL OWNED AUTOS ---i j BODILY INJURY $ A SCHEDULED AUTOS (Per person, HIREDAUTOS ( �� BODILY INJURY $ )C NON-OWNED AUTOS (Per accident) _. ___................................._-- PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA.ACCIDENT $ ANY AUTO OTHER THAN EA ACC:5 AUTO ONLY: AGG $ EXCESS,UMBRELLA LIABILITY EACH OCCURRENCE $ 2 000 000 Q25 0174267 01/0112015 0110112016 OCCUR CLAIMS MADE AGGREGATE 1 s 2,000,000 A L� i $ I DEDUCTIBLE I$ RETENTION $0 $ f WC STATU- OTH- WORKERS COMPENSATION AND Y RY f_1MITS __ A EMPLOYERS'LIABILITY Q855103164 01/01/15 01/01/16 iE.L.EACH ACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE I ----- OFF€CERIMEMBER EXCLUDED?Yes E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under .._..._.__....____._. SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OTHER i DESCRIPTION OF OPERATIONS i LOCATIONS t VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT t SPECIAL PROVISIONS Contractors Enhancement Endorsement&Property Damage Liability Deductible-$500 The following Members are excluded from coverage under Workers Compensation: Philip R.Hansen&Harriet N. Hansell Insured"s Classifications: Painting CERTIFICATE HOLDER CANCELLATION Grange County DEAPR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION PO Box 8181 DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN Hillsborough, NC 27278 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE —I �- ' „') ACORD 25(2001108) A ORD C6RP&ATION 1988