Loading...
HomeMy WebLinkAbout2017-685-E AMS - Gonzalez Painters visitor center DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 [Departmental Use Only] TITLE VisitorCenterPainting FY 2017-2018 ORANGE COUN'T'Y CONTRACT UNDER$15,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 4th day of October, 2017, ("Effective Date") by and between Orange County, North Carolina, a political subdivision of the State of North Carolina, (the "County"), party of the first part; and Gonzalez Painters & Conti-actors, INC (the "Provider"), party of the second part; WITNESSETH: 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 (hereinafter referred to collectively as "Services') to be furnished under this Agreement are as follows: Exterior paint. Paint back walls of the building(south wall upper and lower) Prep and prime areas as needed. The term of this agreement rendered shall be from September 20th,2017 to October 30th, 2017. 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. Pay 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 Three Thousand Two Hundred, ($3,200.00). 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 sarne,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 Revised 2/17 1 DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at Fitt :1www.orarrgeec untync. ovldep rtrr�ents .�itchasing_division ntracts;p#fi r), If County's Risk Manager determines additional insurance coverage is required such additional insurance shall consist of (if no additional insurance required mark NIA as being not applicable). Provider shall not continence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. Indemnity: The Provider agrees 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, its agents, or assigns directly or indirectly related to the Services to be performed pursuant to this Agreement on the part of the Provider. 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 the 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. 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 I IA and Article 40 of North Carolina General Statute Chapter 66. 8. Priority: In determining the basic services to be provided, should any documents be referenced in or attached to this Agreement, the terms of this Agreement shall have priority in any conflict between the terms of referenced documents and the terms of this Agreement. 9. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 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.oraiigecountync.l oy/c ep lments/pure has ing division/contracts.pf�u.). 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 affirms that Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor,on the list created by the State Treasurer pursuant to G.S. 147-86.58. 10. Dispute Resolution: Any and all suits or actions to enforce, interpret, or seek damages with respect to any provision of, or the performance or nom-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other cant shall have jurisdiction or venue with respect to such suits or actions, Binding arbitration may not be initiated by either party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. 11. -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 Revised 2117 2 DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 mandate. In the event that public funds are unavailable and not appropriated far 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. [SIGNATURE PAGE TO FOLLOW] i i I f f I Revised 2/17 DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE COITNTV PROV'"'�" Doc uSigned by: DocuSigned by'. By; 6GLIn 14 w#YS�L r By. C0637994B755E477..- — =F Z1 F6 5_A1�7B 6, Q467 ..X ...u ,ur,., Title: Fl o rend o . Gonzalez 200 S.Cameron St, Gonzalez fainters&Contractors,INC P.O. Box 8181 4301 Bennett Memorial Rd Hillsborough,NC 27278 Durham,NC 27705 ' I i 's i i Revised 2117 q DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 Palnr�rs 8 Conrra�tar , INr- GONZALEZ PAINTERS& CONTRACTORS INC 4301 Bennett Memorial Rd Durham ITC 27705 919-477-6058 INVOICE Bill To: Management Services Job:Visitor Center Date: Invoice #: 9120/2017 12513 N 919-2171-6$29 Terms: EXTERIOR PAINT 3,200.04 Paint back walls of the building(South wall upper and loever.) Prep and prime areas as needed Use Sherwin Williams Paint Paint siding and trim MATERIALS AND LABOR 1S INCLUDED i L lhWkY6ffftrY0WhUSkMS1L Total: $3,200.00 Payment is due at the end of the job. Failure to pay may result in collection costs including reasonable attorney fees. DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 r-��xlu�u F7 i3/;E,yd CF71 d 1L:�'a 24-Rug-2817 10:24 NetCarrier Telecom Sganl15' Fax Ident p,3 A�E) CERTIFICATE OF LIA131LITY INSURANCE OATEtMMjDDIYYYYI 0812422417 TLM THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFFRS 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 INSURPRIS),AUT44ORI7-ED RFPl2ESCNTATIVF OR PROnfIC:FFt Amn TNF orRTICfr'ATF Nf1I hFk IMPORTANT; If the eertifitate holder le sn ADDITIONAL INSURED,the policypune moat be endorsed. If SUBROCATION IS W IVEO,nebjack to the terms and conditions ot'the poticy,certain policies may require an endorsement. A statement an this certiricatc does not confer rights to the certi{cate holder In Ilea of such endorsemenl(s), TRIO Lx L'VnfM T ARLIUNIJ I HE(iURNimH INS AUar1LY tNU STRIGICLANO INSURANCE BRCIKER5INC nanit! 400 COMMEFICI=COURT PHONE 919-2$6-9500 II rare,Nom,�I. I aA c.H„1: 91�?86.9SOt GOLDSBORO,NC 27534 )=�Ak" amoN�es- INSURImCs}AFlFnRr11NC CQVkFrAOf Nwax INSURED INSIJMtKA;ATLAN710 CASUALTY INSURANCE COMPANY 'lNSH'r:H t� 00,1411LEZ nA1NTCi;E:CONTRACT w I,.c ti 4301 13ENNETTMEMORIAL RD msuxutO: CHAPrl HII I NC;77514 INSUHLR13: INSUkmx1,• Iwsuxert r; COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TH18 18 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED Sr-LOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTTH9TANDINO ANY REPUIREMENT,TERM OR CONOrnON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C.L1tUM AIL MAY UL k4SULO Ok MAY PLF;IAIN, IIIL 1149UNANCL Al-F-WDLU BY I11'1-POLICIES ULSf:krULU IILkLIN IS SUUJLt`,I Ifl ALL WL. ILKIM9, H LXCLU81O+IS AND WWI I IONS Ol-WC1I POLICIES`.LIMI18 SI1C3V'!N MAY I IAVL K.I-N RLDUCLU BY YAIU CLAIMS. l 9NR IYYr;Or lgytiwW,`C avp uUN PtYuOy Fff POL yyEIW PULCy NUMWEll M,�o n1YYYY urru l3 COMMERCIAL 9EMRAL LIABBSTY L001039496-1 03A7C2017 43/17/2018 rnrlanrctlls�Nrr 51AOt1,0U0 a AIly4.3l,yAtir X Or,[,11R LAMAAf L l u NEHIEU s 100 OQ4 A Mw tam+ o e oeraan 5 5,400 PrRSnNAI kAM, IRRIRY 51,00©,000 rTm jwRrc,-�?&r I wr AF FFf it,PTR: C+r�IfRN Ar�C.f-CyA,Tr 5 2,044,(f6o } 1'UI-fL"Y JtCI ❑LC74: !!kS27US&:fS-4UdN•!t%1'A[;[; Sf,Ofi6,000 ul c 3 AUTO51.6agE LIABILITY CfJ 1Hn�! {511.1,1 13sf1T � Raw ANYAU10 00DILY INJURY;;'smarm) N 1 Owsrn 1rA RT:tR.rn AUTOR 'arT�' rOUILY WUKY 9,er eccvom) $ II1RIDAUTDS THINDLif#r1T AUIUS PROP1"RTYnAMAnr I $ UMIUIM 6 UTAUHLLLA WAD OfIrAIR rA.C:tI LAf:t:LtFaS#VC.'k S EXCESS UAB C.!AIM;wor AC+C,RrCATC nrn I RrTrmTON 5 WORKER9 CoMPEN3ATH7N $ AND EMPLOYERS'UAaILRrY YIN ANY a,1ni CLuuw't N/A r.I.rA0IA0rInM 5 tMaRalsaryin NH) kL Vl��s_�A I_MlILv s i wy;fiRlEr;r�Ir rr c I nnTUrals r, n ELL UNLA.SN-I'LxIGY u1A11 1 s pa DEscR IPVON or OPW'riQNs;LOCATIONS 1 VESIlct.a WORD lei,A,;tjU.nel Rc,Radcn Schnluie,, Ay he XCG,ebed itnwra epxce is na+r+,oJ1 PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY PO BOX 8181 SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCFLLEO BEFORE THE E}CI'IkATION DATE THEREOF, NOTICP WILL BE DEUVEM IN H1LL8DOR00'H NC 27278 ACCORDANCE WITH THE POLM PROVISIONS. AUT114RIIED RWROKNTATIVE 0 1988.2014 A COR4 CORPORATION, All rights reserved. ACORD 28(20141011 ThN ACOR❑nama and Iogo ara registered marks of ACORD DocuSign Envelope ID:8BB677D7-EBF8-4E13-A6A8-6E6526C1AFD8 CERTIFICATE OF I LIT'1r" INSURANCE DATE(M)AMON" 0L3/1 1/2<)17 THIS CERTIFICATE IS ISSUES? AS A MATTER OF INFOE3[VIATfON � �iG1{TS t...THE CERTIPIgATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTE=ND OR I~COVERAGE AFF63R[7E;D t3Y CHI;POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETW I �1N5UREk(S),AUTHOFBZE€y REPRESENTATIVE OR PEaDUCER,AND THE CERTWJCATE HOLDER- IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pulicY(ies)Must hip endorse c€,i ATION 115 WAtVED,suiejeCt to the terms and conditions Of the policy,cerlain policies My require an endorsement, A atAtement on this cc Cate does not confer rights to the certificate holder In tiers of such E dorsement s it® CON ACT' .�. AROUND THE CORNER INS Nme PHONE-- 1431 BROAD ST A7 09 Fact: AfC Ho: AIL .. DURHAM ATJDRES5: NC 277'tl5 767H8 INSURE. 5 4FFCRDINC3GCVLr?A4e_ #AIC# IuSLIREk&TRAVELERS PROPERTY. CASUALTY 0MPANY OF AMERICA IH R , CONZALEZ PAINTERS AND INSURER B CONTRACTORS INC WSURERC:._. 4301 BE'NNETT MEMORIAL RD INSURER& DURHAM NC 27745 INSURER E INSt1Rt F. COVERAGES CERTIFICATE NUMBER. REVISION itILIMOER; 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 WrrH RESPECT TO WHICH THIS CERTIFICATE MAY 88 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 SFIOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Toss L7R TYPE QP lNSURAICE L POLICY INSR I R PkCY NUMBER AMlDYY MM (YYY .LIMIrB .29!ERAL UAamr-Y I�hCF!OGCLIfiR�1G"E. S COMMERVAL dENERAL LIABILITY �AhfAGE T9.. REIALSES c4xur b S GLA]34FSAlADE O L7CCilk mED 2E Ari one S A&V&WRY GEt] L A096 Wrig i OWL At34RECiA7E LIfAiT APPLLES PE7L' - RODW S—COMAAGG POLICY Pfib,3EGiT Lf3G F' tlTQdrSQ�4L£L IABLLItY CSJI,IBIN D E Limit 5 '4'#iltad>rli3 g. . A�N�Y AUTO �WLED 80DILY INJURY? S • AMU �R NON-C]WNED ' AUTQ9DiLY.NVJi1RY Purancaem S WREI AUTOS PROPERTY D Pr 5 UAIBRELL.ALJAS OCCUR EACHOCCU �P.rIt;E ELCAAM LLAB CL JM8 AlAD .. _ .. DCD RE.F_NTIC,. S GGN GATE S A WWtKERS COMPENSATION FC AND£MPLi0YE�tIABIUTY (FU3dE3-9FS�n 81— -173 x ALB ANY PROPRIETORMARTt4ERAO(ECUTIYE 03^T 8^t 7 (}'�" $_ g. 7C'1RY LIM ER , --- dJlwFIG£(T!}aIEMB LLp? ,LL EACH ACCtb£ .S 1,-_- Irr mdmory In NIA It 00,describe under Fi-L.DISEASE^* ..EMFLEiY 1 r Q � ' D RIPTIDH G7 DPERATI ow L. A •POLICY Lmms t W Dli1PTI(!Al n; DP£ llgt�slzr�cAT oHSrverrlcLes IAthecll ACARFi fo1;daa Ertel R�rrrxxYS srl+4auri,Ir more 9pac�Is ra go;lava} CERTIFICATE HOLCIER CANCELLATION SHOULD ANY OF THE AaWvE DEGMBED POLOes 8E CANCELLED BEFORE Till? EXPWTION DATE THHREFO,WTIGE'WILL BE OELIveftb INACCORAANOE WITH TAIL POLICY PROVIWON& ORANGE COUNTY pO QOx 8181 Au1140RilEDREPA-4SEWAnvE w HI LLSF30RflUGH NC 27278 Q IDW2137Q ACOR'a C(7R,PC3R{1T1M AR sights reserved. ACORD 25(2040!06) The ACDRD name and 1000 are registered marks of ACORD