Loading...
HomeMy WebLinkAbout2018-630-E AMS - Gonzalez Painters Link PD Break RoomRevised 10/17 (Mgr apprv 5k 6/18) 1 [Departmental Use Only] TITLE Paint Link PD FY 2018-19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 19th day of September, 2018, (“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 Gonzalez Painters & Contractors, Inc. (the "Provider"), party of the second part; W I T N E S S E T H: 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: Provide interior wall patch and paint per interior estimate dated 8/31/18. The term of this agreement rendered shall be from September 19, 2018 to October 15, 2018. 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. Payment: 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 Dollars, ($900.00). 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 contractor, 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 County’s Risk Manager as such insurance requirements are described in the Orange County DocuSign Envelope ID: 5F251CDA-0278-4AA7-B33A-C6AC77450A79 Revised 10/17 (Mgr apprv 5k 6/18) 2 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’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 County's Risk Manager. 5. Indemnity: The Provider agrees, without limitation, 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. County may suspend this Agreement upon reasonable notice to Provider. 7. Entire Agreement and Signatures: 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. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 8. Governing Law and Priority: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina and 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 state and federal anti-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. By executing this Agreement Provider affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms herein shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Dispute Resolution: Neither party may initiate binding arbitration. Any disputes shall be resolved by nonbinding mediation. If such mediation fails either party may initiate litigation to resolve the dispute. 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. DocuSign Envelope ID: 5F251CDA-0278-4AA7-B33A-C6AC77450A79 Revised 10/17 (Mgr apprv 5k 6/18) 3 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. IN WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective as of the day first written above. ORANGE COUNTY PROVIDER By: _________________________ By: _________________________ Department Director Title: ________________________ 200 S. Cameron St. Gonzalez Painters & Contractors, Inc P.O. Box 8181 4301 Bennett Memorial Road Hillsborough, NC 27278 Durham, NC 27705 DocuSign Envelope ID: 5F251CDA-0278-4AA7-B33A-C6AC77450A79   DocuSign Envelope ID:5F251CDA-0278-4AA7-B33A-C6AC77450A79 Gonzalez Painters&Contractors Inc. Interior Estimate 4301 Bennett Memorial Road Durham, NC 27705 000(l I Phone: (919)477-6058 08/31/2018 (3QnZALE F",��� .1"C Angel Barnes(Doors) Management Services 200 South Cameron Street Hillsborough, NC 27278 (919)610-8182 Interior Painting Section Price Interior Paint $900.00 Kitchen/breakroom. Prime and paint door both sides. Repair drywall, prime and paint all wall. Mechanical room. (Hallway) Paint door both sides. Note. Protect floor and furniture. PAINT PRODUCTS: GPC will use Sherwin Williams(Promar-200)paint products. $900.00 TOTAL $900.00 DocuSign Envelope ID:5F251CDA-0278-4AA7-B33A-C6AC77450A79 TERMS:Gonzalez Painters and Contractors, Inc.to be referred as'GPC'.The Customer to be referred as'You'. INSURANCE: GPC has Liability Insurance&Worker's Compensation and it is available upon your request. LIMITED WARRANTY: GPC guarantees that all work executed under this contract will be free of defects in materials and workmanship for one year from the date of final acceptance, all defects occurring within that period shall be repaired or replaced at no cost to the customer. This warranty excludes,and in no event GPC will be responsible for, consequential or incidental damages caused by accident or abuse,temperature changes, settlement,or moisture-including cracks caused by expansion and/or contraction. For Roof Replacement,the warranty is provided in the Roof Section of this estimate. WORK STANDARD:All work is to be completed in a manner according to standard practices. GPC will remain on job premises until completion of project.Work site will be cleaned daily and upon project completion.All agreements may be delayed or suspended temporarily upon unforeseeable and/or force majeure events. CHANGE ORDERS:This estimate is a proposal and your acceptance is subject to GPC approval in order to make this contract biding. Changes(including additional work)to this estimate must be approved by GPC with a new estimate. GPC workers are instructed not to undertake additional work without authorization. Start Date is to be agreed verbally or through e-mail.Change of Start Date may require additional charge. COST: GPC will provide"Materials and Labor"(unless otherwise specified,for example"Labor Only"). PAYMENT:Acceptable forms of payment are cash,check, money order,or credit card.The total on this Estimate is due on the last day of the job. Partial Payments will be requested when the job lasts longer than two weeks. ACCEPTANCE OF ESTIMATE:Customer to indicate acceptance of this estimate by signing below-within 30 days of the date of the estimate.GPC must have a signed estimate to secure a Start Date for the job. Company Authorized Signature Date Customer Signature Date Customer Signature Date DocuSign Envelope ID:5F251CDA-0278-4AA7-B33A-C6AC7745OA79 FDA (MMfI7DlYYYY) CERTIFICATE OF LIABILITY INSURANCE I 0 6/2 512 0 1 8AI-J 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). PRODUCER NAME: AROUND THE CORNER INS AGENCY INC STRICKLAND INSURANCE BROKERS INC PHONE 919 286-9500 FAx 919-286.9501 E-MAIL 400 COMMERCE COURT Arc L E me No GOLDSBORO.NC 27534 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL* INSURERA:ATLANTIC CASUALTY INSURANCE COMPANY INSURED GONZALEZ PAINTERS&CONTRACTORS INC INSURER B: 4301 BENNETT MEMORIAL ROAD INSURERC DURHAM, NC 27705 INSURER D: 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 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 14TR L. POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MIDOfYYYY MMID X COMMERCIAL GENERAL LIABILITY 1-001039496-2 03/1712018 03/17/2019 EACH OCCURRENCE $ 1,000,000 —XI CLAIMS-MADE oecuR PREMISES Ea occurrence $ 100,000 MEDEXP(Any one person) $5,000 A PERSONAL&ADV INJURY $ 1.000.000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $2,000,000 X POLICY L_]PE O F—]LOC PRODUCTS-COMP/OP AGG $ 1,000,000 M POTHER _ $ AUTOMOBILE LIABILITY COMBINED S]NGLE LIMIT - -$ Ea accider>Z ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per acOderd) $ .AUTOS AUTOS NON-O MED PRO ER Y DAMAGE $ HIRrDAUTOS AUTOS Peracddent UM/UIM $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ _ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE ❑NIA A E..L EACH ACCIDENT $ OFFICEWMEMBER EXCLUDED? (Mandatory In NH) E L DISEASE-EA FMPL OYFF $ If yes,describe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIP710N OF OPERATIONS I LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached d more space is required) PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 8181 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN HILLSBOROUGH,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(20%01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:5F251CDA-0278-4AA7-B33A-C6AC7745OA79 r „[ DATE(MMIDDAYYYY) �'► CERTIFICATE OF' LIABILITY INSURANCE Os/26/zala 4 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 INSUREII AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 endorsements. PRODUCER CONTACT NAME AROUND THE CORNER INS PHONE FAX N 1431 BROAD ST E-MA Lo,Ext: A/C,No + ADDRESS: DURHAM NC 27705 INSURER(S)AFFORDING COVERAGE _ NAIC if 767HE INSURER A TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED INSURER B w. GONZALEZ PAINTERS AND INSURER CONTRACTORS INC 4301 BENNETT MEMORIAL RD INSURER D' DURHAM NC 2'7705 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 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, M ADDL SUER POLICY EFF POLICY EXP LtR TYPE OF INSURANCE INSD WVD POLICY NUMBER MWDDr"YY MMIOD1Yl'"YY LIMITS t COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S lii 1 DAMAGE TOR ENTED CLAIMS-MADE El OCCUR PREMISES Ea occurrence 5 MED EXP(Any one person)5 PERSONAL$ADV INJURY S GENT AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S POLICY 7 PROJECT D LOC PRODUCTS-COMPIOP AGG S S A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY {Ea accident 5 BODILY INJURY Per erson S ANY AUTO OWNED AUTOS SCHEDULED BODILY'TYURY Peraceidenl 5 PROPERTY pAMAGE ONLY AUTOS HIREDAUTOS NON-OWNED Per accident)S ONLY AUTOS ONLY 5 UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ kFnll IRETENTION S 5 1171- WORKERS COMPENSATION A �! ANp EMPLOYERS'LIABILITY (6LTUR-9F56581-2-18) 03-18-18 03-18-19 x STATUTE Eft ANY PROPRIETOR IPARTNERfEXECIITIVE E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? Y!N L (Mandatary In NH] Y NIA Tr E.L.DISEASE-EA EMPLOYEE 5 1,000,0©D If yes,describe under DESCRIPTION OF OPERATIONS below E.C.DISEASE-POLICY LIMIT S 1,000,0 0 fl I 7 ! T D.•' CRIPTION OF OPERATIONSILOCATIONSNEHICLES IACORD 101,Additional Remarks Schedule,may be attached if more space Is required[ WIF-1, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. .,h ORANGE COUNTY AUTHORIZED REPRESENTATIVE ~ P.;. BOX 8181 HI HILLSBOROUGH NC 27278 91988.2015 ACORD CORPORATION.All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD