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Home My WebLink About2018-713-E AMS - Gonzalez Central Rec painting DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 E [Departmental Use Only] TITLE Central Recreation Paint FY '181'19 ORANGE COUNTY CONTRACT UNDER $5,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 25th day of October, 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; 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 and/or construction (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Central Recreation-341 W Tryon St- Interior painting: paint 5 office walls and trims. The term of this agreement rendered shall be from 10/29/18 to 12/31/2018. 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 Two Thousand , ($2040.00). 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 ants 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 10117(Mgr appry 5k 6118) 1 DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 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 (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. Indernni : 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. b. 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 patties 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 hiving Wage Policy (each policy is incorporated herein by reference and may be viewed at http:l{www.orangecouniyne.gov/departments(ptireliasing divisionlcontracts.plip.). 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. 14786.58. 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 I affirms Provider is and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina I 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. Revised 10/17(Mgr appry 5k 6118) 2 DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 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,Grange County and the Provider have signed this Agreement,effective as of the day first written above. ORANGE Q Tby PRO cuSigned by: By: �� By: Departmen urec or 'Title: � 200 S. Cameron St. Gonzalez Painters&Contrators, Inc P.Q. Box 8181 4301 Bennett Memorial Rd Hillsborough,NC 27278 Durham,NC 27705 Revised 14117(Mgr appry A 6/18) 3 DocuSign Envelope ID:9E3B3EAD-CF32-439E-8ODF-AEAC4FOC85D6 Invoice Invoice Date Invoice August 24, 2018-10767 ». 2018 R�IrtilPrs 8.Cur°Ffd.�Pr�r S,INC Sill To: Due Date Sales Rep Asset Management Service 113 Mayn Street Upon Receipt Gonzalez Painter;and Hillsborough,NC 27278 Contractors,Inc. Location Address; 301 West Tryon Street Iiiilsborough,NC 27278 Contract Description Amount Interior Painting;paint 5 offices walls and trims,as per Estimate. $2,000,00 Total Contract:$2,000.00 Remit Payment to; Invoiced Total: F $2,0010.00 Gonzalez Painters&Contractors Inc. Payments/Credits; 50.00 4301 Sennett Memorial Road Durliam,NC 27705 Balance Due: $2,000,00 (919)477-6058 We have attached your invoice for the work we recently completed for you.Please remit payment at completion by check payable to Gonzalez Painters and Contractors or you may call the oOice and pay by credit card.Should Customer fail to make payment%vithin 15 business days,a late charge will be added from the date of the invoice at the rate of 1.5%permonth.Should you have any questions,please feel free to contact us at anytime.We appreciate your business and look fonvard to Nvor{dng with you in the future. Sincerely, Gonzalez Painters and Contactors,Inc i DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 .............. CERTIFICATE OF LIABILITY INSURANCE DATE(MM1DD1YYYY) �"'�� 9SA25I2018 ALJ THIS CERTIFICATE 16 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the cerilficate holder Is an ADDITIONAL INSURED,Ilse pollsY01's)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and Conditions of the pollcY,certain policies may require an endorsement. A Statement on this cerflileate does not confer rights to the certificate holder In lieu of such endorsoment(s), STRICER c AROUNl3 THE C[7RN> R INS AGENCY lNC S7RICKiA,N[7 INSURANCE BROKERS INC �ArnE PHONE 919-286-9500 T..Ax -- -- .— 490 COMMERCE COURT Ae,N1Exr; Arc Na1�2BS_359# GOLDSBORO,NC 27534 EMAIL _ --._-.-.- ADDRESS: —_- INSUIIER(S}AFFOROINGCI VERAGE NAfC# INSURER A;ATLANTIC CASUALTY INSURANCE COMPANY INSURED GOFlZALEZ PAINTERS CQI+JTRACTC)R$ING . . _ -- - . 4301 BENNETT MEMORIAL ROAM INSURERS: DURHAM, NC 27705 MUR RC:: _ - INSURSRD INSURER E 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 CER-rIFICATE 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. N"R — -L _.,R. p6LIC EPF Po c exP I.TR TYPE OF INSURANCE POUrV NuMarn MfrxROp M7Dr7 Y LlMi7s *K COMMEROALCENERAL LIABILITY L001039496.2 0311712018 03117/2015 EACH OCCUROVACE � 3 1,000,900 n - PREMrgkSjEa acr irr o} 100,000 A 4ACD ExP€fA P L Cull $5,000 PERSOr+fraLaAUVLtrJVRY 1 1,000,000 e NLAGGREGArELL",rITAPPLIESPER x POLICY Ir�C t'ENFRALAGGREG ATE '2,O9b,90U [RODUC.T5-CO4Pi0PAGO 81,000,000 OTHER AUTOMOBILE L4A&ILrrY d Iklan hVULE LIMIT "'Y AD TO 80[SiLY INJURY(Pptpwrrsan} $ Al L OMFo- 4SCHEOULEO i'L7T'QS "I BODILY N—VRY1Pornn:HIRrOAUTO,S .N•{r"NED FT�1s UrvllUIM UMBRELLA LIGCCUr; EACH OCCLIRTZEIQCE ExCE33 LIAB C:Alfr4 rIA1DE -_ - � ._-. AGGREGATE $ LIED p I RFTErrTIGIJ. — — WORKERS COMPENSATION # AND EMPLOYERS'LIABILITY OTIi- AWFROM- IETORIPARTNERrFkECUT1�iF YIN STATUTE ER OFFIt�RRhEM1IBUc F'4CLU(7t'r)9 NIA EL EAti_}{ACCI{7ENT (MandatorYirk NH) UZI,cly ritaurMw EL DISEA;�.E-EAFMPLOYE $ nES,'RIP7fpF7 OP OrFRATlONS bel4r0 E L,aISEAS- POLICY L1r.11F $ �. DESCRIPTION OF OPERATIONS f LOCAI(ON3/VEHICLES(ACORD 701,Addklonal Remarks Sshedule,rrray be altethsd lr more spacers required) PER POLICY CERTIFICATE HOLDER CANCELLATION ORANGE COUNTY PQ BOX 8181 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 8481 THE EXPIRATION DATE THEREOF, NOTICE WILL aE DELIVEREO IN HILLSBOROUGH,NC 27278 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 41908-2014 ACORD CORPORATION, All rights reserved. ACORD 26{2014/01} The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 a►c ►zc� CERTIFICATE OF LIABILITY INSURANCE OA7E(1MV10DNYYY) �---r` 06/26/2018 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 pollcy(les)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 Is certifica a Boas riot confer rights to the c cate hoider in lieu of such n orsement s, PRODUCER CONTACT AROM TFIF CORNLR INS NAME:'.. PHONE FAX 1431 BROAD ST Ar,No,Ext: AX.He { Z'MAIL ADDRESS; DUR1�iN NC 27705 7 67 SE INSURERS AFFORDING COVERAGE NA IC p IN-SURERA,.TRA.VELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURED GONZALEZ PAINTERS AND INSURER R:INSURER C CONTRACTORS INC 4301 BENNETT MEMORIAL RD INSURERD: DURHM NC 27705 INSURER E; INSURER F. :J COVERAGES CERTIFICATE NUMBER: REVISION NUMBED, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATE O.NOTVVITHSTAN DING 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 OIESCREBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INb AQDL'SUHR PGLICY EFF POLICY E}tP L TYPE OF INSURANCE INSr7 WVO POLICY NUMBER MMIDDJYYYY)(MWDD1YYY-YI LIMITS aal COMMERCIAL GENERAL LIABIITY 'I EACH OCCURRENCE $ DAMAGE TO RENTED CLAJt'#.$-MADE OCCUR PR:WSES Ea occurrence)S F'," MED CXP tAny one person) S PCRSCNAL B ADV INJURY GEN'L AGGREGATE LIMIT APPOES PER: GENERAL AGGREGATE S POLICY PROJECT d LOC PRODUCTS-COMPIOPAGO S S AUTOMOBILE LIABILITY COMalNEO SINGLE LIMIT Ea acc,clent} g ANY AUTO BODILY INJURY Per ersan 5 O'NN£OAUTO5 AUTOS BODILY INJURY Nractlden! S ONLY AUTOS ONLY HIREDAUTOS NON-OWNED P k:X A AGF. AUTOS ONLY Per accidontI 5 I S UMBRELLA LIAR OCCUR EACHOCCURRENCE $ EXCESS UAB CLAIMS-NIADE AGGREGATE $ IDEDI IRFTENTION $ - WORKERS COMPENSATION - PER A AND EMPLOYERS'LIABILITY (6J[JFI-9F55531-2-18} 03-18-18 03-10-19 STATUTE ER ANY PRO'RIETORIPARTNERfEXECUTIVE c E-L.EACH ACCIDENT S 1,000,000, . O'FFlCER1NSEtA8ERE7(CLUOEO7 (Mandatorybamd Y NIA N II yes,descrigo tind E.L.OISEASE-CAEAIPLOYEE S 1,000,000 1 er - • DESCRIPTION OF OPERATIONS balo-,v E.L.DISEASE_POLICY LIN,IT S 1,000,()00 �{ {:�'.-.• DESCRIPTION OF OPERA71ONSILOCATIONSNEHICL 3JtACORD idf,Addlllonal Remrks Schedule,may Ise attachod It more space Is requkrerly 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. ORANGE COUNTY PD BOX else AUTHORILED REPRESENTATIVE kfILLSB 3St]RDUGA NC 27278 S (DISOB-2015 ACORD CORPORATION,All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID:9E3B3EAD-CF32-439E-80DF-AEAC4FOC85D6 National General } Auto,Howe&Heald)Insurance PO Box 3199-Winston Salem,NC 21102-3199 COMMERCIAL VEHICLE INTEGON INDEMNITY CORPORATION A National General Insurance Company GREEN RIVER PROPERTIES INC Agency 4301 Bennett Memorial Rd Around The Corner Ins Agy Inc Durham,NC 27705 1431 Broad St Durham NC 27705 (919)286-9500 Date: 06/28/2018 LETTER OF COVERAGE Policy Number: 2005697718 Policy Period: 10/11/2017- 1011112018 To Whom It May Concern: Driver(s)and Household Residents: 1 Florencio Gonzalez Owner Driver Insured Vehicle(s)and Schedule of Coyerage(s): 1 2008 HOND CIVIC EX 1HGFA16838LO72879 Coverages Provided Limits/Deductibles Bodily Injury 7 $30,000 Each Person 1$60,000 Each Accident Property Damage 7 $25,000 Each Accident Uninsured Motorist Bodily Injury 7 $30,000 Each Person/$60,000 Each Accident Uninsured Motorist Property Damage 7 $25,000 Each Accident 2 2017 CHEV SILVERADO C1500 CUSTOM 1GCRCPEC1HZ356183 Coverages Provided Limits/Deductibles Bodily Injury 7 $30,000 Each Person 1$60,000 Each Accident Property Damage 7 $25,000 Each Accident Uninsured Motorist Bodily Injury 7 $30,000 Each Person 1$60,000 Each Accident Uninsured Motorist Property Damage 7 $25,000 Each Accident 3 1994 CHEV ASTRO 1GNDM19ZXRB135993 Coverages Provided Limits/Deductibles Bodily Injury 7 $30,000 Each Person 1$50,000 Each Accident Properly Damage 7 $25,000 Each Accident Uninsured Motorist Bodily Injury 7 $30,000 Each Person 1$60,000 Each Accident Uninsured Motorist Property Damage 7 $25,000 Each Accident Email: CVService(PNGIC.com • Fax: 1-800-405-4302 . 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