The URL can be used to link to this page

Home My WebLink About2017-686-E AMS - Gonzalez Painters old courthouse DocuSign Envelope ID: D545F945-DEA6-40D2-AC14-26F2DDB350F2 [Departmental Use Only] TITLE Old Court House Paint FY 2017-2018 ORANGE COUNTY 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 & Contractors, 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 and prep windows at entire building. Materials and labor is included. The term of this agreement rendered shall be from October 1 Oth,2017 to November 10th,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. 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 Twelve Thousand, ($12,000.00). 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. f 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. 1 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 2117 1 DocuSign Envelope ID: D545F945-DEA6-40D2-AC14-26F2DDB350F2 Risk Transfer Policy and Grange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at l7tt :.. www.orangecountync.govldepartmeritsli urchasing division/contracts.p,hp). 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 commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 5. hidemni : 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 SJnatures: 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 1 A and Article 40 of North Carolina General Statute Chapter 66. 8. Priori 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,Arles,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 1ittD://w ww.orangecoun�nc4gv/depar•Enrents/purchasi:rg di�isior_7lcontracts.pliu.). Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without j 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. 147-85.58. 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 non-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 court 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: D545F945-DEA6-40D2-AC14-26F2DDB350F2 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. [SIGNATURE PAGE TO FOLLOW] I I I Revised 2117 3 DocuSign Envelope ID: D545F945-DEA6-40D2-AC14-26F2DDB350F2 IN WITNESS WHEREOF,County and the Provider have signed this Agreement,effective as of the day first written above. ORANCrryr-barlrrmcr yQ.,�ocu5igned by: I:.�ROV�r" OocuSigned by: By: 06a7994B755E477._ By. EF21 F85A17BBD497.... County manager Title: V _11� �on�ez 200 S. Cameron St. Gonzalez Painters&Contractors,INC P.O. Pox 8181 4341 Bennett Memorial Rd Hillsborough,NC 27278 Durham,NC 27705 i i i Revised 2117 DocuSign Envelope ID: D545F945-DEA6-40D2-AC14-26F2DDB350F2 GONZALEZ PAINTERS & F�dn ors aL CC]ntraCtC]fE+,(NE CONTRACTORS,INC 4301 Bennett: Memorial Rd Durham NC 27705 ESTIMATE 919-477-6058 Bill to: Date. Estimate#: 8122/2017 18846 Asset Management Services Job: Old Court House 919•-2016829 Description: Amount: EXTI:R10R 12,000.00 Prep and paint windows at entire building Use Sherwhi Williams Paint MATERIALS AND LABOR IS INCLUDED J nl" 7 Thank you for the opportunity to quote your,doh Total Page 1 t DocuSign Envelope ID: D545F945-DEA6-40D2-AC14-26F2DDB350F2 " 1 i r GONZALEZ PAINTERS & tlnte'rs Contra�tnr5,INC CONTRACTORS,INC 4301 Bennett Memorial Rd Durham NC 27705 ESTIMATE 919-477-6058 Bill to: Date: Estimate#: 8/22/2017 18846 Asset management Services Job: Old Court House 919-201-0829 Description: Amount: INSURANCE -Liability insurance and worker's compensation are carried through CMA Insurance,certificate of insurance is available upon request LIMITED WARRANTY -Gonzalez Painters and contractors,INC hereby guarantees that all work executed under this contract will be free of defects in materials and workmanship for a period of one(1)years from the date of final acceptance.All defects occurring within that period shall be replaced or repaired at no cost to the owner.This warranty is in lieu of all other warranties,expressed or implied.Our responsibility is limited to correct the condition as indicated above. -This warranty excludes and in no event will Gonzalez fainters and contractors,INC be responsible for consequential or incidental damages caused by accident or abuse,temperature changes,settlement or moisture, i.e..cracks caused by expansion and/or contraction.Cracks will be properly prepared as indicated at time of job, but will not be covered under this warranty. WORK STANDARD -All work is to be completed in a manner according to standard practices.Worker(sT will remain on job premised until completion of project.Work site will be cleaned daily and upon project completion.All agreements are contingent upon strikes,accidents,or delayed beyond our control. -The painting contractor will produce a"properly painted surface",A"properly painted surface is one that is unirorm in color and sheen.It is one that is free of f)reign material,lunrps,skin sags,holidays,misses, shrike-through,or insufficient coverage.It is a surface that is free of drips,splatters,spills,or over-spray which the contractors'workforce causes.Compliance to meeting the criteria of the"properly painted surface"shall be determined when viewing without magnification at a distance of five.feet or more under normal lighting conditions and from a normal viewing position. -Any prior drips or poor workmanship prior to this painting inay or may not be able to be corrected and will be determined at the time of the estimate.. CUSTOMER RESPONSIBILITY Please take specific note of job description -Color must be chosen one(1)week prior to start date.An Additional cost will be charged for color changes made after the commencement of work. -Alamos must be turned off while work is in progress Thank you for the opportunity to quote your job Total Page 2 DocuSign Envelope ID: D545F945-DEA6-40D2-AC14-26F2DDB350F2 i GONZAI,EZ PAINTERS c4i Pk:51ntL-rs {I{s�Conrr.�(-_fc:)rs,INC: CONTRACTORS,INC 4301 Bennett Memorial Rd Durham NC 27705 919-4 ESTIMATE 919-477-6058 Bill to: Date: Estimate#: 8/22/2017 18846 Asset Management Services Job: Old Court House 919-201-6829 Description: Amount: CHANGE ORDERS -This is only a proposal and your acceptance is subject to our approval in order to make this contract binding, -If after you agree to this work,you desire any change of additional work,please contact us,as the cost of all revisions must be agreed upon in writing.Workers are instructed not to undertake additional work without authorization. Starting date is to be agreed verbally or through e-mail conversation.Change may require additional charge. -You will be notified of all needed cku°pentry or plaster repairs before they are done.If additional carpentry is found after project starts,►vill be an additional cost,and must be discussed by supervisor -It is essential that the work area be available to us,free from other trades,As a result of trade interference, Gonzalez Painters and contractors,INC,may leave the job and additional charges may be incurred. COST -We propose to furnish material and labor or labor only—complete and in accordance with above specifications for die sum of all as stated above.Individual tasks,if selected,may require additional pricing.Price is valid for 90 days,unless otherwise noted. PAYMENT -The balance is to be paid on the last day of the job. -Progress payments may he requested throughout the course of the job if the job lasts longer titan three(d) weeks. -Acceptable forms of payment are cash,check,money order,or credit card. ACCEPTANCE OF PROPOSAL -Please indicate your acceptance of this proposal by signing this copy and returning to us. -We must have your signed copy in order to secure a start date. -By signing this contract,I acknowledge that I have read and understood the terms and conditions of this proposal. SIGN MATT' (Upon your approval,please print this last page,sign and return) Thank you for the opportunity to quote your job Total $12,000.00 Page 3 DocuSign Envelope ID: D545F945-DEA6-4OD2-AC14-26F2DDB35OF2 KtL,t J,VGfJ F7trI L�/1I711 1`L:1"a 24-Aug--201? 19:24 t1ctCerrier Telecom SpanDSF Fax [dent p.3 '44CCPR" CERTIFICATE OF LIABILITY INSURANCE OATE(MMMDNYYYI 08/2412017 TLM THIS CERTIFICATE 13 ISSUED AS A MATTER or INFORMATION ONLY AND CONFFRS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CER'nFIGATE 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 1NSURER(S),AUTHORIZED I>FPkFGCNFATrVF OR{7RAr71tt FR AWn THIC C'FRTIKIt':ATF Wnl DFR iNIPORTANT It the Ceriftete holder Fe on ADDITIONAL INSURED,the pniicy(Iarr)muss he onda aed, if SUSRoCATiom is WAIVED,subint-I to the loans and canditlans of the poIiiW,certain Poliriss may require an endorsement. A statement on this certificate dMa not confer rights to the certificate holder in lieu of such endorsement(s). YROPUtLN 60" ^L- ANUUNU I3i✓=L:UKNtH INS AC;f=NCY INC -STRICKLAND INSURANCE BROKERS INC NAME. -100 COMME=RCE COURT (sUC w.�rLl; 91 ft-286-9500 !lNC,N�1; 91X286-9541 GOLDSBORO.NC 27534 A Rtss_ INSURER(S)AFFORDING MVE77A4F- INSURES{ raAlcx rNsumkH A;ATLANTIC CASUALTY INSURANCE COMPANY lNSUkLkIL d �""Z-1LEZ PAI;;TEETC°CL"fTft ACTC^v I„ 4301 BENNETT MEMORIAL RD 149U MC S'HAPFI HII I N(,';)7514 INSURER 13: tNSUx6N�. lN81IRE R P COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS 19 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED SELOW F!Avn BEEN ISSUED TO THE INSUREO NAMED A60VE FOR THE POLICY RER10D 1N61CATED. t+`O7WPCN.STAW11INC,ANY REQUIREMENT,TERM M. CONDfIlON OF ANY CONTRACT OR OTHER DCX;UMEVT WITH RESPECT TO WHICH THIS 04-RI11-I(:AIL MAY 13L 1,':ULU MI MAY PL),IAIN, 1;LIt-HWRANtL AFFOROLL3 BY IIIL FOLICIL8 13L-A'.RIULD IILRLIX IS gLJUJL(II 16 ALL IIIL ILF!MS, ��LX,CLU$1ONS AND COND1 I IONS OF SUCI l POLICIES.LIMI 18 Sf K)W 4 MAY I IAVL BLI-N RLUUOLU UY YAIU CLAIMS, L BgTRA lYYGVC INyvRJSNCC AeO6 WR P6L Y EFF Pp��LOlN YYTPY LiMll$ YOCICr HuMaLlL X ':0MMERCIALGF]VBRALLL BJTY 1.00103949&-1 03/1712017 C131i71.2018 rnrAlncrzlRRrNrx s 1,Ot10,000 C!AIAL9 AfAnr a8CtR IAA IiS ICI ill-Nlt en S100,000 A Mr:L]t]®' R Mta parson ,5 MOOD F�rp lowu R AfN INJURY 41.000.000 {+rNi Aryf,RrC'/(rf-I1F.{Fr AFF71CSi PrR: C.P' Ai At',[Y.Y'GATr` §2,0W.00 JtS:I LVS: I'Ft[A]L1C3S-4"UlAMC71ACUti 31,000,000 ALITOMOKILE UIaILrrY C.C7AE7] 3"77;AIrat r 1 Ilalrf PAfYAUIU _ _ Egm $ BODILY INJURY jr rpbr t) ;+ AWIfrt,%q nu'lrLx^+LS U M7ILY WuKY Q'araw"em IIIRMAirro: NON L wmi-R PR{1PI-FSrYDAATArf AUIW I'BrZiC � UMAJIM y VMU LLLA LtAL, C7.Mut EACH U(x.u} 5 EXCESS I r6R N AIM.'3 MADl- AdWM-,ATr 5 Irrn InrTrurms W6'aRKERS COMPEN 3ATIUR AND MPLoVERW UABIL6T1' i N KATlffr +rr,1 ANY PR0MEC1VPAMNERIt?][ (MVE r.l.!•Ai:iFAl%'.3{7rN'f S Vri•IS UNI:Niee14 CACLUIlkV2 N/A tManiWory In tlFl) E.LL'tSkb SE-LALM!'LOYt $ _ r I -9��'R 'cox'&rRATlrra.I:;kw, L:.A-UISLAS4I=-IKJ'MYwAII $ z DESCRIPTION Or OPERATION$d LPOAVON3 I V'ENICL-It$(ACORD te7,A4;9-al 7iern"Ae aefenlele,r11 MY Ib nitechnd if 11r epaue 1u n4vir�rJ PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY PO DDX 8181 $HOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE HiLLs gnA.rSLlO If THE 'Xrl ATION BATE THEREOF, NOTICE 4YiLL BE DFAIVERPO IN H M__727& ACCORDANCE WITH THE POLICY PItOVISION3, AUMORIEEDRCPRE3PNTAjIvr Q)1988,2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) Tha ACORD nama and toga are registerad marks of ACORD i I DocuSign Envelope ID: D545F945-DEA6-4OD2-AC14-26F2DDB35OF2 CERTIFICATE OF LI I LITY INSURANCE GiT6{t�lF,4tSplyYyY)�� 08 11/2017 THIS CERTIFICATE 16 l55UE[i AS a MATTER OF INFOR IAT10.4 4 �. 14TS UPON THE CERT1FICaATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR E COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT DETW �{�PI k�15fJR1=ft{S},J1i1THt]REMU 17EPi�5ENTATi'J>w OR PRODUCE AND THE CERTMCATE HOLDER- '��t� IMPORTANT. If the ceOi#ic8te holder Is an ADDITIONAL INSURED,the policypes)must he andorod, ON IS WAIVED,Subject to the terms and conditions of the POlkgy, certain policies may require an endorsement. A 04ternent on this cc Cate do"not conies rights to the certifiLatehioldgrinrieuorsucbOhdqMemen t$, rnwUV6PK CON AOT r.�. AROUND THE CORNER INS NAMt 1431 BROAD ST AfC Ho DUPHAM ADDRESS: NC 27705 767H8 ikSlJaiER's AFFOREXROCOVORM NiAICi !NS INSURERATRAVELERS PROPERTY CASUALTY COMPANY [1F AMERICA GONZALEZ PAINTERS AND INSURER CONTRACTORS INC WsuRER c:... 4341 SENNETT MEMORIAL RD INSURER DURHAM NC 27705 INSURER V �sUREiI i`. COVERAGES CERTIFICATE NUMBER., REVISION NUMIBERi THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE i iGiEl5 NAMED A13OVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY QONTRACT 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 HAV8 SEEN REDUCED BY PAID CLAIMS. IN-38 A NFL TUTR- -LIR TYPE OPINSURALoe SE}sR WVD POLICY NUMBER OU':rm YoCLILl CY YY LIMITS .0.1ERAL UARIWY tce4Cti OcCk�FtAl=!!!CE y COMMERCIAL GENERAL UABILnY DAMAGG'T( RFAptSE8 at n r S CLAa4MMA❑E ❑OCCUR h4Et5 f!?CA Axf &% Y S3E L A02EMAT S GFNL AGC332EpA UE,lt7 APR5 ppt• r7 E= PRODUCTS 4 COQ A.GQ P{tIICY pR0.7FL`r IOC. - UTOMpMLE UABIE.ISY GOIABIRM SPEER till,E 5 ANYAEfrp ttILEt7 B IY l�,tURY? rcn S ALf CAM1MD raDN1]lNNED AtPOS AuT aB - LY.IN.EVRY Pn aeacieat 5 WRED AUTOS PRQFIERTY DAMAGE P a y UMBRELLA UAB OaQUR ! eE#OCGURR E E9CC.Y5$L)AB CLAims-wori s9cD s�r�rlraorl s AGGREGATE g . A VWS9Rl RRS COMPM4ATECNl - ANDEMPLbYd"UASiuTY (scIUE sFS SB i -17 3 x 1kNY PROPRIETOPJPARTiti ECUTIV a3-r s-t r oS�f s=1 i� r Y u�Ii ek os`�IC�whnP�s�R€XCLa1❑EQ? lM datwry In b" L EACH Acct S 1 000,00 Y NIR E.L.DFSEASE�EAE7TPLUY S 1 E7CQ; 11 It yBg,dewribe sutdet Ia SCRIPTION cap OP= TIQNS WDw EL.❑° Asa -1'Ot7(^t u E [?CIO I?ESCREP7lOK oPe !- OCAT oN8lYESHRCi_ES(AUncla ACORp io1;.Addi oral Rtr>»Ir#c SslsWuH,'if mora space la re4uEmdl .. - - I CERTIFICATE 14OL ER CANCELLATION I SHOULD ANY OF THE A06VE DESCRWO POL0J!S BE CANCELLED DEFORE ME EXPNRATE N DATE THE REFO,NOTICE WILL V— ELIYERED IN ACCMDANCYc my"THE POLECYPROVIMNS, ORANGE COUNTY PO 5OX alai AutzlpPi7.ED rtEPR HI L.E.SBLIRQUGI-{ NC 27278 @1.. $2010 A0014D 009PORATIOM At)rights reserved. ACORO 26(2010106) The ACORD name and logo are tegisterett marks of ACOAD